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 SolutionWhen 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. |
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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.
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.
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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.
