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)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Think odd employee might benefit from mental exam? Talk to a lawyer first
- Set reasonable limits on noncompete agreements
- FMLA rights don't extend beyond termination date
- Stick to the facts when firing employee who complained of discrimination