Target Focus: Healthcare Whistleblower Retaliation, Patient Safety & Employment Litigation
Healthcare professionals may face difficult decisions when they observe conditions that they believe threaten patient safety or violate healthcare requirements.
California law provides specific protections for certain healthcare workers who report unsafe patient-care conditions or other qualifying concerns.
California Health and Safety Code § 1278.5 addresses retaliation against certain healthcare facility employees and other covered workers who report unsafe patient-care conditions or other legally protected concerns.
What Can Constitute Protected Activity?
Depending on the circumstances, protected activity may include reporting concerns involving patient safety, quality of care, unsafe conditions, or violations covered by the statute.
The precise requirements depend on the employee, facility, nature of the complaint, and circumstances.
Healthcare workers should document complaints accurately and preserve relevant communications.
Retaliation Can Take Different Forms
Retaliation is not limited to termination.
Depending on the facts, an employee may allege retaliation based on actions such as:
- Termination;
- Demotion;
- Suspension;
- Reduction in hours;
- Unfavorable scheduling;
- Discipline;
- Other adverse employment actions.
However, not every negative workplace event constitutes unlawful retaliation.
The evidence must establish the required legal elements.
Timing Can Matter
The timing between a protected complaint and an adverse employment action may become important evidence.
California Health and Safety Code § 1278.5 contains statutory provisions concerning presumptions of retaliation in certain circumstances, including actions occurring within specified periods following a qualifying complaint.
Whether a presumption applies requires analysis of the particular facts and statutory requirements.
Preserve Evidence
Healthcare workers should consider preserving lawful copies of documents relevant to their employment claim, including:
- Emails;
- Text messages;
- Written complaints;
- Human-resources communications;
- Disciplinary notices;
- Scheduling records;
- Performance reviews; and
- Other employment documents.
Patient privacy must also be respected. Employees should not improperly remove, disclose, or distribute confidential patient information.
Why Early Legal Advice Matters
Whistleblower and retaliation claims can involve short deadlines and complex factual questions.
An employee should consider obtaining legal advice before signing a separation agreement, releasing claims, or making additional statements concerning a dispute.
Leeran S. Barzilai, A Professional Law Corporation represents employees in California civil litigation and employment matters.
If you work in healthcare and believe you experienced retaliation after raising a legitimate patient-safety or compliance concern, contact our office to discuss your circumstances.
Phone: (619) 436-7544
Email: receptionist@lbatlaw.com
Website: https://lbatlaw.com/
About The Author
