Assume Nancy was hired 15 years ago as a Special Procedures RN in Radiology by a non-union hospital. Over time the environment and regulations changed, and patients treated in Radiology became more complex. Now new and existing staff must be certified as Intensive Care Nurses. All the Radiology Special Procedures RN's take the required courses and everyone except Nancy passes. Nancy failed the course the first time, she took it a second time and now it appears that she purposely failed the second course.

Over the years Nancy has had a "special" relationship with the Physician leader of this Section of Radiology, and the Hospital leaders suspect that she feels "protected and insulated" from any changes due to this relationship. Her employer transfers Nancy to a position in another department, that does not require ICU certification. Nancy keeps her current pay and benefits but does lose departmental seniority, which effects her seniority for election of vacation and holidays.

Nancy resists the transfer, acts poorly toward her co-workers in her new department and sues the hospital for breach of contract.

Do you think Nancy has a case? Was there a contract in place that governed the relationship? What should the hospital do now?