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Retaliation Against Health Care Worker for Reporting Unlawful Practices

Retaliation Against Health Care Worker for Reporting Unlawful Practices
Amanda worked as a Certified Nurse's Aide at a Massachusetts hospital.  During her employment, she worked on a floor with many elderly and disabled patients, including patients with Alzheimers and dementia.

Amanda noticed numerous practices that she believed violated law and regulations, including improper restraint of patients, blatant neglect of patient needs, violations of staffing protocols, and more.

She reported these concerns to her supervisor, and was then subject to isolation and harassment by her co-workers.   She was then scheduled for duties that were not appropriate to her job description, and management began giving her scheduled shifts to others instead of her.

Meanwhile, the harassment by co-workers continued.  Amanda, who already suffered from anxiety and a panic disorder, was unable to tolerate it any longer and resigned her position.

Retaliation Solution

When she came to us, Amanda was not only concerned about compensation for her experience.  She has a family member with a disability, and felt strongly that the mistreatment of elderly and disabled patients on this hospital floor had to be addressed.

​We filed a complaint on Amanda's behalf alleging retaliation under the health care worker whistleblower statute, and arguing that her resignation should be considered as a termination under the theory of constructive discharge. 

After the complaint was answered, but before discovery began, we were able to negotiate a settlement with the hospital that compensated her for the constructive termination of her employment.

Need Help With a Retaliation Issue?

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Postscript

Amanda was able to secure some financial compensation for the loss of her job, but more importantly felt that she had been able to hold the hospital accountable for ignoring mistreatment of a highly vulnerable patient population.

If you are in a situation where you believe your employer is violating a law or regulation, or have been punished for reporting such a violation, you should consult with an employment attorney as soon as possible.  Not all forms of whistleblowing are considered protected activities under the law, but many are, and an attorney can help you understand your rights.

How We Can Help

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We have years of experience representing people who have faced retaliation at work for engaging in activities that are protected under the law, and we would be happy to help you. You can use the button below to schedule a call back from a member of our team, or give us a call at  781-784-2322.
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​Sharon MA 02067

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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Advice for Employers
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
      • Should I Accept a Severance?
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
      • Massachusetts Wage Act >
        • Payment of Commissions
        • Wage Deductions
        • Late Payment of Wages
        • Paid Time Off
    • Independent Contractor Law >
      • Independent Contractor Test
      • Working As Independent Contractor
      • Hiring Independent Contractors in Massachusetts
      • Is My Independent Contractor Status Legal?
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
      • Can I Avoid My Non Compete?
    • Do I Have a Case?
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog