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Total Articles: 4

California Supreme Court Limits Right to Jury Trial on Health Care Whistleblower Claims

Executive Summary: The California Supreme Court recently held that California Health and Safety Code section 1278.5(g), which protects health care workers and medical staff from discrimination and retaliation for reporting unsafe patient care and conditions, does not provide a right to a jury trial. While claims brought directly under Section 1278.5(g) do not entitle the parties to a jury trial on that claim, this does not foreclose a jury trial on a related claim for wrongful termination in violation of public policy.

“Whistleblower” Retaliation Applies to Private Matters Unrelated to the Whistleblower’s Employment

An employer is prohibited from retaliating against an employee who makes a complaint to a government or law enforcement agency under California law.

California Expands Protections for Employee Whistleblowers

Attention all employers with employees in California: On October 12, 2013, California Governor Jerry Brown signed into law Senate Bill (SB) 496, amending the whistleblower retaliation provisions set forth in section 1102.5 of California’s Labor Code. These amendments, which took effect on January 1, 2014, significantly broaden the scope of California’s whistleblower protections.

When Titans Clash: California Whistleblower Protections Trump Law on Review of Internal Hospital Staff Privilege Procedures

Health care employers face myriad challenges in complying with numerous laws—with physician hospital staff privileges and whistleblower issues not least among them. On the privileges side, a well-developed body of law provides rigid requirements on both sides of the employer-hospital relationship. On the whistleblower side, claims continue to expand and increase at a rapid rate, developing the law at a sometimes breathtaking clip, even to the point, now, that these two areas of the law have collided. Advantage, whistleblower.
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