Retaliation Against Health Care Workers in Los Angeles
Attorney Representing Nurses, Doctors, and Health Care Workers in Cases of Termination, Retaliation, Discrimination and Hostile Work Environment.
We are passionate and dedicated to representing healthcare workers; just as you are dedicated to your patients.
We have the necessary expertise to help medical professionals in the Los Angeles area who blew the whistle and were retaliated against and/or discriminated against prove their case and obtain the restitution they deserve. We highly recommend that you choose an advocate with requisite experience in this area if you find yourself in this situation. The law is on your side.
To encourage whistleblowing by medical professionals, depending on the type of claim, the law was designed to make it easier for you to prove your case and make it harder for the medical facility to prove that it did not retaliate against you. But it takes expertise to navigate and take advantage of the nuances in the law to effectively advocate for health care professionals. We offer free and confidential legal consultations to health care professionals and solutions tailored to you.
Are You a Whistleblower?
1. Generally, to qualify as a protected complaint, the complaint must be related to the quality of care, services, or conditions at the facility. The following are just examples of the types of complaints that may qualify:
- Lack of adequate staffing and nurse-to-patient ratio
- Deferring patient evaluations that were urgently needed until the following day
- Controlling the schedule that limited the number of doctors available in the event of an urgently needed response
- Practices that fall below the standard of care
- Unsanitary conditions
2. Alternatively, if you raise concerns based on a reasonable belief that a Hospital or medical staff is violating the law or a relevant regulation, you are also protected from retaliation even if your reasonable belief turns out to be incorrect. You just have to act in good faith.
3. You are protected from retaliation even if it was part of your job duties to raise these concerns.
4. You are also protected from retaliation if you refuse to participate in unsafe patient practices and/or illegal activities.
Were You a Witness to Another Person’s Complaint?
If you corroborate another person’s complaint during an investigation, you are also protected from retaliation.
How to Identify Retaliation?
Retaliation may be in the form of ultimate adverse actions:
- Demotion
- Reduction in pay
- Undeserved performance reviews
- Wrongful Termination
The California Supreme Court also recognizes that an employer’s retaliatory acts do not always constitute “one swift blow,” but rather in some cases may be in the form of a “series of subtle, yet damaging, injuries.” You may be subjected to a hostile work environment to discourage you from raising concerns and/or punish you and/or to force you to resign.
Examples may include:
- Assigned to an unfavorable schedule
- Denied PTO
- If you work in pathology, suddenly all of the AIDS and HIV samples are exclusively assigned to you or you are relegated to other unfavorable tasks
It is very important to keep a record of these events.
Case Example:
Former Surgery Tech for Frank Jobe Sues Late Pioneer Doctor’s Company
“A woman who once worked as a surgery technician with the renowned late orthopaedist Dr. Frank Jobe is suing the company Jobe and Dr. Robert Kerlan formed, alleging new management ‘prioritized profit over patient care’ and retaliated against her when she complained.”
See Full Article at MyNewsLA
Another Case Example:
We represented a Registered Nurse in the Labor and Delivery Department of a Hospital. Soon after she started at this Hospital, she observed that some of the birthing beds used by the Hospital were in disrepair. She complained about the state of the equipment to management but nothing was done. Management refused to spend the money to replace outdated equipment. Soon after, her request for medical accommodation – which would have allowed her to continue working – was denied. The Hospital insisted that she go on medical leave instead, which was illegal. Ultimately, there was such a break down in the relationship that we negotiated a confidential severance package that allowed for a peaceful parting of ways on mutually agreeable terms.
We also have examples where we guided health care workers through the internal complaint process and got the attention of higher ups who took the matter seriously and the matter resolved without any formal legal action or separation, which was also a positive outcome for our clients.
120-Day Presumption
If you have a claim that qualifies as retaliation under Health & Saf. Code, § 1278.5, and you are terminated, demoted, suspended, or subjected to unfavorable changes in the terms and conditions of employment within 120 days of making a protected complaint, then it is presumed by law that your employer discriminated against you because of your protected complaint (albeit employer has a chance to rebut the presumption).
Wage and Hour Issues Applicable to Health Care Professionals
If you are an hourly nurse, you are entitled to meal and rest breaks.
Nurses classified as “salaried” must actually perform work that is exempt from overtime pay. For example, perhaps you are an Administrator classified as exempt from overtime pay. But due to shortage of nurses you are required to work on the floor more than 50% of your time doing hourly-nurse tasks. In that case, you may lose your exempt status and be entitled to overtime pay as well as penalties for misclassification as well as penalties for failure to provide adequate wage statements. The damages from misclassification alone may add up to a sizable claim. If you complain about lack of overtime pay in this situation and you are also retaliated against, you may have an additional claim for retaliation.
Keep Records
Your employer keeps a file on you and every employee. You should create a file and preserve legally relevant evidence if possible. In some cases, a whistleblower is even allowed to take confidential records if the intent is for purposes of a legal consultation. Employers generally cannot use confidentiality of records to evade legal liability.
Relevant records may include but is not limited to:
- Evidence that you made a complaint. Did you complain by email? Forward a copy to yourself. If you complained verbally, is there a text message that references that complaint? Please preserve it.
- Evidence of the patient safety violation you reported.
- If your employer is retaliating against you by falsely accusing you of bad performance, keep records indicating that you are a good performer.
If other Nurses or Co-workers are texting relating to the above events, keep records of those texts as they may serve as indirect collaboration.
How We Can Help During a Free Consultation
- If you are still employed, we can help you identify the evidence you need to support you and your patients.
- Discuss potential strategies.
- Weigh the benefits of a lawsuit versus confidential resolution without formal legal action.
- Evaluate the strengths and weaknesses of your matter.
- Help you navigate a stressful situation.
Armed with this knowledge, you may gain the confidence to make informed decisions about your future. Most importantly, you will gain an advocate on your side. We look forward to hearing from you and partnering to fulfill your goals.
