Carl v. Children's Hospital, 702 A.2d 159 (1997)

Citation: Carl v. Children's Hospital, 702 A.2d 159 (1997)
Parent Document: Carl v. Children's Hospital, 702 A.2d 159 (1997)
Jurisdiction: DC (municipal)
Effective Date: 1997-09-23
Original Source: https://www.courtlistener.com/opinion/2395626/carl-v-childrens-hospital/ ↗

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I do not believe that our jurisprudence is well served by the en banc court acknowledging the existence of an area of further potential limitations resting on the ill-defined rubric of public policy, whose imprecise contours will be ruled on in the future by numerous and disparate trial courts and appellate panels. Such uncertainty can only plague the countless numbers of employers, employees, and their attorneys seeking to assess the precise legal status of the at-will-employment relationship. Rather, I would follow the approach of the New York Court of Appeals and require those advocating such expansion to address their efforts to the body that is, in my view, manifestly better positioned to make such determinations. See Murphy v. American Home Prod. Corp., 58 N.Y.2d 293, 461 N.Y.S.2d 232, 235, 448 N.E.2d 86, 89 *197(1983) (refusing to recognize tort of wrongful discharge of at-will employee and noting that “perception and declaration of relevant public policy ... are best and more appropriately explored and resolved by the legislative branch of our government”); Wieder v. Skala, 80 N.Y.2d 628, 593 N.Y.S.2d 752, 757, 609 N.E.2d 105, 110 (1992) (noting that “we have consistently held that [such a] significant alteration of employment relationships ... is best left to the legislature”).1

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