Los Angeles Medical Whistleblower Retaliation Lawyer

Los Angeles Medical Whistleblower Retaliation Attorney

Los Angeles has a lot to offer for someone interested in working in the medical field. With several major hospitals, research centers, and universities, there are many ways someone can contribute to the medical field. If your dream profession has taken a dark turn, you shouldn’t face retaliation for whistleblowing. A Los Angeles medical whistleblower retaliation lawyer can offer guidance on your next steps.

Hire a Medical Whistleblower Retaliation Lawyer

When you hire a medical whistleblower retaliation lawyer, you want a team ready to fight for your rights and represent your interests through negotiations or litigation. Since 2011, Bufete Shirazi, PC has represented Los Angeles clients through negotiations and litigation. Awarded the “AV Preeminent” rating by Martindale-Hubbell, our derecho laboral team provides personalized attention and high-quality representation.

Employment in the Medical Sector

KFF, one of the leading health policy organizations in the United States, collects information on employment in the healthcare sector. In 2023, 610,101 people worked in hospitals in the state, which was the seventh-largest employer in California.

The Labor Center at UC Berkeley also looked at healthcare employment in California in 2023 and found that 14% of the California workforce was employed in the healthcare industry. These 2.65 million employees worked at hospitals, physician offices, clinics, outpatient centers, home health agencies, nursing homes, community care facilities, other health-related facilities, and as home care aids.

Protected Activities in the Workplace

California has established protections for workers who engage in defined protected activities so they can do so without fear of retaliation from their employer. These activities include:

• Reporting law violations, including wage theft, unsafe working conditions, discrimination, and harassment.
• Reporting ethics violations, including any activities that could be considered illegal or unethical.
• Cooperating with an investigation being conducted by any agency or organization that has the authority to do so.
• Filing a complaint with your company’s human resources department, a state agency, or a federal agency.

Retaliation Behaviors in the Workplace

If you experience adverse consequences following your participation in any protected actions, you may be experiencing retaliation by your employer. Common forms of retaliation include:

• Assigned undesirable tasks
• Being demoted
• Being excluded from meetings
• Being laid off
• Ser despedido
• Creating a hostile work environment
• Encouraging the employee to resign
• Increased workload
• Negative performance reviews
• Recorte salarial
• Reduced hours

Laws Designed to Protect Healthcare Workers

Healthcare industry workers face challenges unique to the nature of the work performed in the healthcare sector. This type of work is often time-sensitive or performed within very specialized circumstances. Both workers and patients are protected when strict safety guidelines are maintained.

When safety guidelines are not maintained or illegal or immoral activities are allowed to occur, there are risks for both workers and patients. To encourage healthcare workers to report unsafe, unethical, or illegal activities, California has enacted several laws outlining employee rights and protections against retaliation for whistleblowing. These laws include:

• California Labor Code 6310 prohibits retaliation when employees report safety conditions.
• California Labor Code 6311 prohibits retaliation when employees refuse to perform a task that could result in a hazard to someone else or the employee.
• California Labor Code Section 1102.5 prohibits retaliation when an employee discloses law violations to any government or law enforcement agency.
• California Health and Safety Code Section 1278.5 forbids health facilities from retaliating against patients or employees for participating in reporting related to the quality of care.

FAQs About Los Angeles, CA Medical Whistleblower Retaliation Laws

What Are Whistleblowers Not Protected From?

Whistleblowers are not protected in every instance in Los Angeles. Although whistleblowers have the right to report illegal or unethical behaviors, they also have to be able to prove their claims. A whistleblower can be held liable for defamation or breach of contract if they knowingly make false claims, disclose information through unofficial channels, leak classified information, or attempt a claim as a means of personal vengeance.

What Is the Statute of Limitations on Whistleblower Retaliation in California?

Specific labor codes allow for different statutes of limitations based on unique circumstances. It is wise to pursue your claim as soon as possible, as missing this deadline will likely see your case dismissed.

What Is the Whistleblower Protection Act in California?

En Whistleblower Protection Act in California offers protection to state employees from retaliation when unlawful work conditions are reported. Enacted in 2000, it allows state employees to report instances of waste, fraud, abuses of authority, unlawful behaviors, or public health threats without fearing retaliation. It also offers updated penalties for employers engaging in retaliation, including fines of up to $10,000 and up to one year in jail.

What Remedies Can I Seek as a Victim of Retaliation in California?

There are several remedies that you may be entitled to if you can prove you have been the victim of retaliation in California. These remedies include reinstatement of your former position, back pay, financial compensation for emotional distress, attorney fees, and punitive damages. Your employer may also face fines or jail time as a result of retaliatory behaviors conducted.

What Is the Burden of Proof for Retaliation?

The burden of proof for a retaliation case in California is based on a rebuttable protected activity presumption designed to protect employees experiencing retaliation. If you experience a negative action from your employer after engaging in a protected activity, California law assumes a connection between the actions.

At that point, your employer has the burden of proof to show that the negative action was caused by a non-retaliatory reason. You can then show proof that their stated reason is unlikely.

Contact Shirazi Law Firm, PC – Los Angeles Medical Whistleblower Retaliation Attorney

Laws protecting whistleblowers exist to protect employees who are willing to report unsafe or unlawful practices in their workplaces. If you’re experiencing retaliation by your employer after reporting workplace issues, póngase en contacto con Shirazi Law Firm, PC for a confidential consultation.