Instead, public policy was limited to that contained in constitutional or statutory provisions. The Massachusetts court refused to find a general policy from the specific statutory provisions. It even implied that conduct required by regulatory provisions did not rise to public policy. The statute does not strictly apply to this situation since the defendant must be reckless about whether other persons would be offended. The entire healthcare system is based on voluntary surveys and certifications which depend on full and frank disclosure.
Courts find public policy in numerous places, including statutory and constitutional provisions.
The nurse wrote an article about the conflict that hospital personnel feel when on the one hand they are obligated to prolong life and on the other hand, they want to recognize the right of patients to die with dignity. She could not have been fired for her statements which were protected but she could be fired for interfering with the administration of the school system, dominating every meeting. A nurse recognized toxic shock syndrome and when the treating physician failed to give an order for antibiotics, she complained vehemently. By the time she involved the chief of the medical staff, it was too late. She was fired by the hospital for making statements to the decedent's family, but the court held that her dismissal violated public policy as expressed in the nursing act.