Fresno County Whistle Blower Attorney

Could your reporting of protected activity have caused your termination of employment? Both direct and circumstantial evidence may be used to prove causation. CACI 2430 only requires that the violation of public policy was a "motivating factor." An employer is liable for wrongful termination even if the termination was only partially motivated by an illegal reason.

The Importance of Timing in Retaliation Cases

Case law does not establish any hard and fast rules about how long can transpire between the protected activity and the adverse employment action. This is a fact based question. California cases have allowed retaliation claims to go forward, based upon timing, even when long periods of time have elapsed.

• In Colarossi v. Cory, a firing in February 1998 was found to have a retaliatory motivation for participation in a sexual harassment investigation that occurred in May 1997.
• Akers v. County of San Diego supported retaliation claims occurring up to February 1999 based on a complaint written in October 1996 complaining of gender and pregnancy discrimination.
• Iwekaogwu v. City of L.A. affirmed a verdict involving retaliation that occurred years after the initial complaint of race discrimination.
• In Flait v. N. Amer. Watch Co., the court held that "pretext may be inferred from the timing" of the termination decision.

Whistleblower Protections in Healthcare and False Claims

• Health and Safety Code Section 1278.5(b): Prohibits healthcare facilities from discriminating or retaliating against employees who present complaints or grievances about the care, services, or conditions of a facility.
• False Claims Acts (Federal and State): 31 U.S.C. 3729 and California Government Code Sections 12650-12651 prohibit all companies from making false claims for reimbursement (such as to Medi-Cal or Medicare). False claims often involve submitting claims for services not rendered, or inflating the charges.
• Patient Abuse Reporting: Government Code Section 12940(g) protects hospital employees who report suspected patient abuse by health facilities or community care organizations. Employees in nursing homes, assisted living facilities, or adult day care facilities may not be mistreated for making such reports.
• Healthcare workers are also whistleblowers if they are fired for making a complaint about something that they believe would result in the loss of their license, or for refusing to perform a service they are not licensed for.

Whistle blowing in the work environment, especially the healthcare field, has become an issue, resulting in the termination of some individuals. Contact an experienced Fresno employment attorney today. Serving All Of Fresno County.

Contact us or call (818) 783-7300 to speak to a Fresno whistle blower lawyer.