California Nurse Whistleblower Lawsuits

Both state and federal law provide whistleblower nursing protection. Under California law, it is illegal for health facilities to discriminate or retaliate against employees who report or take part in an investigation related to the quality of care, services or conditions at a facility when that investigation is undertaken by an agency responsible for accrediting or evaluating the facility or by a governmental entity. 

California law defines a whistleblower as “an employee who discloses information to a government or law enforcement agency, person with authority over the employee, or to another employee with authority to investigate, discover, or correct the violation or noncompliance, or who provides information to or testifies before a public body conducting an investigation, hearing or inquiry, where the employee has reasonable cause to believe that the information discloses: 

1. A violation of a state or federal statute,
2. A violation or noncompliance with a local, state or federal rule or regulation, or
3. With reference to employee safety or health, unsafe working conditions or work practices in the employee’s employment or place of employment.”

Whistleblowers are also people who refuse to participate in activities that violate state or federal law. 

The healthcare whistleblower protection act is found in California Health and Safety Code Section 1278.5, which specifically prevents health facilities from retaliating against employees or patients who are involved in investigations at an accredited health facility. Additionally, the Occupational Health and Safety Act (OSHA) protects workers from retaliation when they complain to their employer or government agencies about unsafe working conditions.