Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Protecting the whistleblower: preventing retaliation following a report of patient abuse in health‐care institutions

Protecting the whistleblower: preventing retaliation following a report of patient abuse in... Health‐care providers throughout the USA face litigation and the threat of litigation on a daily basis due to claims of patient abuse. Hidden within the costs associated with defending patient abuse claims are the wrongful termination filings made by employees who claim they were retaliated against for their whistleblowing activity. The purpose of this paper is to demonstrate why an employer would resort to retaliatory acts in the shadow of a patient abuse filing and to discuss what steps are currently taken to prove and investigate the validity of a retaliation claim. Included within the body of this paper are court decisions on the topics of whistleblowing protection and violation of public policy. These examples are illustrated so that recommendations can be provided that assist the employer in avoiding a wrongful discharge claim and help to conclude that retaliation against the whistleblower is a costly mistake even with the employment at‐will principle as a defense. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Health Manpower Management Emerald Publishing

Protecting the whistleblower: preventing retaliation following a report of patient abuse in health‐care institutions

Health Manpower Management , Volume 24 (3): 6 – Jun 1, 1998

Loading next page...
 
/lp/emerald-publishing/protecting-the-whistleblower-preventing-retaliation-following-a-report-ocOavC4R5M
Publisher
Emerald Publishing
Copyright
Copyright © 1998 MCB UP Ltd. All rights reserved.
ISSN
0955-2065
DOI
10.1108/09552069810207088
Publisher site
See Article on Publisher Site

Abstract

Health‐care providers throughout the USA face litigation and the threat of litigation on a daily basis due to claims of patient abuse. Hidden within the costs associated with defending patient abuse claims are the wrongful termination filings made by employees who claim they were retaliated against for their whistleblowing activity. The purpose of this paper is to demonstrate why an employer would resort to retaliatory acts in the shadow of a patient abuse filing and to discuss what steps are currently taken to prove and investigate the validity of a retaliation claim. Included within the body of this paper are court decisions on the topics of whistleblowing protection and violation of public policy. These examples are illustrated so that recommendations can be provided that assist the employer in avoiding a wrongful discharge claim and help to conclude that retaliation against the whistleblower is a costly mistake even with the employment at‐will principle as a defense.

Journal

Health Manpower ManagementEmerald Publishing

Published: Jun 1, 1998

Keywords: Employment protection; Employee rights; Health care; Termination; Whistleblowing

References