Healthcare Whistleblower Protection

An employee working at an acute care or a convalescent hospital has protection against retaliation by their employer for blowing the whistle on violations of the Health and Safety Code. If the employer takes employment action (i.e., demotion, exclusion from meetings, termination, etc.) against the employee for blowing the whistle, the employee can file a civil action against the employer for lost wages and benefits, attorney fees, damages for emotional distress and possibly even punitive damages to punish the employer. Better yet, if the action against the employee by the employer is taken within 180 days of the whistleblower's complaint or reporting of a Code violation, the law presumes that the employer acted in retaliation for that and the burden of proof shifts to the employer to prove that they did not act in retaliation against the employee. Furthermore, the law provides for reinstatement of the employee if the employer acted in retaliation.

Legal action by the employee should be taken within one year of the retaliatory action by the employer by filing a discrimination claim with the California Department of Fair Employment and Housing or with the federal EEOC.