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)
- Beware vengeful boss's shadowy retaliation
- Before starting ADA accommodations process, ask basic question: Is this employee disabled?
- Social Security disability doesn't automatically earn ADA status
- When the EEOC is on the prowl, it may be time to consider settling
- When former employees poach more of your all-stars, fight back in court