A federal court has refused to open up yet another avenue for employees who want to directly sue their employers.
Recent case: Beth, a radiologist, voiced concerns about her employer’s standard protocol that required pre-biopsy surgical consultations. She said that delayed proper patient care and amounted to Medicare fraud because it added cost to the system. She complained often.
Beth ended up quitting, citing terrible harassment over her complaints.
Then she sued her former employer under the California Business and Professions Code (CBPC), alleging.
The court disagreed. Even though the CBPC prohibits punishing doctors for patient advocacy, that didn’t create a new lawsuit right apart from the already existing public-policy wrongful-termination rule. (Rhodes v. Sutter Health, No. 2:12-0013, ED CA, 2012)
- Include federal jury service protection in your employee handbook and policies
- Heed new OSHA rules for recording injuries, illnesses
- Before you decide to fire, make sure past job evaluations support your rationale
- Prepare to reinstate worker fired for working with OSHA
- Review anti-discrimination practices to make sure they cover contract employees, too