
Speaking out about patient safety violations, improper medical care, and illegal workplace practices should not cost a healthcare employee his or her job. Your employment rights as a whistleblower are protected by law, but employers may still punish you after you report violations through actions, such as termination or demotion in medical facilities.
A Long Beach medical whistleblower retaliation lawyer can review your case and explain your legal rights under California’s whistleblower retaliation laws.
At Shirazi Law Firm, P.C., we understand what it’s like to be an employee who’s been mistreated or retaliated against. That’s why we’re dedicated to defending workers who’ve had their rights violated in the workplace. Long Beach residents who work in the healthcare industry can count on knowledgeable legal advice, personalized attention, and aggressive representation from our team.
We take care of each client personally, and every case is handled by Emanuel Shirazi, an employment litigator with more than two decades of experience. From our offices across Los Angeles County, including those near major institutions like the Governor George Deukmejian Courthouse, we ensure that our clients’ rights are protected every step of the way.
Healthcare whistleblowing is when an employee in the medical industry discloses any information related to patient safety, quality of care, or compliance violations in medical facilities. This could include:
By reporting these activities and violations, whistleblowers help ensure the public is safe, which is why California has strong medical whistleblower retaliation laws.
California is a leader in providing legal protection for employees who report safety or legal violations in the workplace.
The law that covers most types of whistleblower retaliation claims in the state is California Labor Code §1102.5. This law prohibits all employers in California from taking adverse employment action against employees who disclose what they reasonably believe to be violations of state or federal law. Employees receive protection whether they report issues internally to management or through external government channels.
Healthcare workers in California benefit from a specific legal framework that protects them. California Health & Safety Code §1278.5 protects not only employees but also patients and patient family members who speak out against substandard treatment, unsafe conditions, or patient safety threats at licensed medical facilities, including hospitals, clinics, and skilled nursing facilities
Medical whistleblower retaliation cases primarily depend upon these two laws, especially when patient safety violations occur.
Every year, diagnostic errors are thought to cause 795,000 deaths or permanent disabilities among Americans. According to one study, the resulting national estimate of 424,000 permanent disabilities and 371,000 deaths indicates significant harms across care settings. This is why it’s so important for employees to speak up when concerns arise.
Healthcare employers often choose to retaliate against whistleblowers because of their fear of potential regulatory or civil action, as well as concerns about financial loss and reputation damage. Healthcare workers should never view patient endangerment as an incentive for their actions
When healthcare organizations prioritize silence about safety issues, the reporters of patient safety violations become essential defenders against preventable injuries or fatalities. Healthcare workers in California possess the legal right to pursue action against employers who engage in retaliatory practices.
If your employer took some form of action against you after you reported patient safety violations or other illegal or unsafe conduct in your workplace, you may need to hire a whistleblower retaliation lawyer. An experienced medical whistleblower retaliation attorney in Long Beach can review the facts of your case and explain your legal rights
From there, you can work together to move forward by gathering evidence, identifying the laws that apply, and working through the legal process step by step. You don’t have to do this alone
There is no set average whistleblower retaliation settlement. The strength of each whistleblower retaliation claim depends on its facts, including the severity of the retaliation, the employee’s losses, and the strength of the evidence. Results range from cases settled without any formal complaint to cases litigated all the way to a jury trial. The greatest way to determine the value of any particular situation is to discuss it with an employment attorney.
Whistleblowers generally need to present some type of evidence that they reported or tried to report illegal or dangerous behavior, and that they experienced some form of adverse action that is linked to the report. Favorable evidence can take the form of emails, text messages, written complaints, performance reviews, or unexplained disciplinary actions. Testimony from coworkers can also help.
Yes, California employees can file a claim for being terminated, demoted, disciplined, or otherwise retaliated against for reporting illegal practices or unsafe work conditions. There are several state statutes that allow for whistleblower claims, and damages may include economic losses, emotional distress, and other harms related to retaliation. An employment lawyer can advise on whether your situation qualifies for a legal claim.
In California, the primary mechanism for the investigation of whistleblower retaliation is through the civil litigation process. The whistleblower’s employment attorney conducts discovery of evidence, interviews witnesses, reviews records, and assembles a case to present evidence of the causal link between the protected report and the employer’s retaliatory acts.
The courts review the evidence presented by both parties. Public-sector employees may also have additional oversight agencies, but for the private sector, the typical process is through litigation.
As an employee, you have the right to report wrongdoing in the workplace. Your employer, on the other hand, does not have the right to retaliate against you for it. When this happens, you have grounds for a legal claim. Shirazi Law Firm, PC, can help you do so.
Contact us today to schedule a consultation with our Long Beach medical whistleblower retaliation lawyers.
Cases are handled on a contingency fee basis, meaning we only get paid after you do. Consultations/communications can be virtual if preferred.