Texas nursing home employees who report alleged patient abuse to state authorities are protected from retaliation under the Texas Health and Safety Code—but only if they formally report the problem.
Recent case: A resident told nursing home manager Tammy Johnson about alleged patient abuse. Johnson informed her supervisor, who ordered Johnson to investigate and get statements from everyone potentially involved.
Johnson contacted the Texas Board of Nurse Examiners, but didn’t name the patient, facility or nurse involved.
The next day, Johnson was temporarily suspended, allegedly because she hadn’t completed the investigation.
She was reinstated 10 days later, but had by then sued for retaliation. But the court tossed out her case because she never filed an official report with a Texas agency. (Johnson v. Diversicare, et al., No. 08-20827, 5th Cir., 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Winning lawsuit no slam-Dunk when firing follows romance
- Firing a 'That's not in my job description' complainer
- Petty slights and ostracism don't add up to retaliation
- Are there special requirements for training employees who do not speak English well?