Elkharwily v. Mayo Holding Co. (Summary)

RETALIATORY DISCHARGE

Elkharwily v. Mayo Holding Co., No. 12-3062 (DSD/JJK) (D. Minn. July 2, 2013)

The United States District Court for the District of Minnesota held that a hospitalist who was terminated after three months pled sufficient facts to withstand the hospital defendant’s motion to dismiss his claims of retaliatory discharge in violation of the False Claims Act, EMTALA and the Minnesota Whistleblower’s Act.  The court dismissed the hospitalist’s breach of contract claim based on language in the hospital’s Integrity and Compliance Policy, ruling that it was no more than a general statement of policy and did not meet the contractual requirements for an offer.  The court also dismissed the hospitalist’s claims of defamation and intentional infliction of emotional distress.