Law Offices of Louis Spitters

California social worker files wrongful termination suit

A former employee of Kaiser has filed a lawsuit. The woman previously worked as a social worker and, according to reports, she is suing for wrongful termination. The California employee states that she was terminated after she reported death threats from a patient.

Back in 2011, while on the job, the woman was informed by a colleague that one of her patients wished to kill her. The woman reported this information to the employer and requested an injunction to be filed against the patient. The employer failed to follow through with her request and, instead, subjected her to disciplinary action. The company stated that she was in violation of patient confidentiality and alleges that she permitted a suicidal patient, under her care, to visit the hospital unsupervised.

Last year, the company terminated her. The woman stated that she was retaliated against for unveiling safety issues. Her allegations of whistleblower retaliation and breach of contract were dismissed due to insufficient facts. She is still staking her claim for other workplace violations such as wrongful termination and discrimination. She is also suing for emotional distress.

California workers have the right to inform their employers of workplace violations without the fear of negative outcomes. Retaliation against an employee is never excusable under any circumstances. Any person who is terminated due to the act of whistleblowing has the right to pursue wrongful termination claims against the company. The court may rule in favor of the plaintiff if evidence demonstrates that the employer terminated the individual based on retaliation and not on job performance.

Source:, Ex-Kaiser Worker's Retaliation Claim Nixed, Barbara Leonard, Dec. 26, 2013

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