(concurring in the result):
I concur in the result reached by my colleagues, but respectfully disagree with their *283means of achieving that result. The majority concludes that Rackley failed to satisfy the requirement of Ryan, that “a clear and substantial public policy existed.” Ryan v. Dan’s Food Stores, Inc., 350 Utah Adv. Rep. 3, 6, 972 P.2d 395, 405 (Utah 1998) (citations omitted). Although I believe the trial court correctly held that an important public policy was at issue, I do not agree that Rackley’s conduct brought “the policy into play,” as required by Ryan. Id.
In Berube v. Fashion Centre, Ltd., 771 P.2d 1033, 1042-43 (Utah 1989), the Utah Supreme Court observed that “a precise definition of public policy may be virtually impossible[,]” but is usually grounded in legislation or judicial decisions. In order for public policy to provide an exception to at-will employment, it must be both “substantial and important.” Id. at 1043 (emphasis in original).
After examining the sources of public policy cited by the trial court, the majority concludes that there is not “a clear and substantial public policy that care facility employees are required to tell the residents of personal monies arriving at the facility.” I read at least two of those sources differently. Title 62A, chapter 3 of the Utah Code, titled Aging and Adult Services, creates the Division of Aging and Adult Services (Utah Code. Ann. §§ 62A-3-102 (1997)), and establishes a Long-Term Care Ombudsman Program. Id. § 62A-3-201 to -208 (1997 & Supp.1998). The ombudsman is intended to address “problems relating to long-term care for aging citizens, and to fulfill federal requirements.” Id. § 62A-3-201. The statute further states:
The Legislature finds and declares that the aging citizens of this state should be assisted in asserting their civil and human rights as patients, residents, and clients of long-term care facilities created to serve their specialized needs and problems; and that for the health, safety, and welfare of these citizens, the state should take appropriate action through an adequate legal framework to address their difficulties.
Id.
Consistent with this policy, the Utah Administrative Code prohibits a care facility from requiring a resident to deposit funds with it, but prefaces that prohibition with the statement, “A resident has the right to maintain her financial affairs.” Utah Admin. Code R4.400.
In my opinion, the Utah Legislature has enunciated an important public policy that elderly persons in long-term care facilities should not be deprived of their right to be informed about and manage their financial affairs absent a proper determination of lack of competency. The trial court, in its oral ruling, identified the public policy as “the right of residents to know what their property is, whether it’s financial or otherwise, to have a determination, a say in what happens to that property.” I agree.
I do not believe, however, that Rackley met her burden of showing “that the employee’s conduct brought the policy into play.” Ryan, 350 Utah Adv. Rep. at 6, 972 P.2d at 405. The facts of this case are somewhat similar to those in the Ryan case. There, a pharmacist was fired for aggressive questioning of customers seeking to fill prescriptions. The supreme court upheld the pharmacist’s termination, because the law prohibiting a pharmacist from “knowingly filling an improper prescription,” did not require the pharmacist to question or investigate. Id. at 8, 972 P.2d at 406. The court stated that the firing of the pharmacist would only be actionable if it was based upon the reporting of criminal activity to the proper authorities or the questioning of prescriptions as required by law. See id. at 9, 972 P.2d at 409.
In this case, Rackley responded to what she perceived as improper practices by contacting both the resident, Muriel, and Muriel’s daughter-in-law, Sharon. She did not speak with the owners of the facility and it was not until after she was fired that she contacted the state ombudsman responsible for investigating and acting on such matters. Interestingly, the owners apparently agreed with her and clarified that residents should be informed of all deposits to their accounts. Therefore, I would conclude that Rackley’s conduct did not further the public policy in *284an appropriate manner and I would reverse the trial court’s judgment on that basis.