Love v. Permanente Med. Group (Summary)

WRONGFUL TERMINATION/RETALIATION

Love v. Permanente Med. Group, No. 12-cv-05679-WHO (N.D. Cal. Sept. 18, 2013)

The United States District Court for the Northern District of California granted in part and denied in part defendant hospital, health plan and medical group’s motion to dismiss a former employee’s wrongful termination action for alleged retaliation.

A colleague had warned the employee that a patient wanted to murder her, after which the employee requested that the defendants obtain a restraining order on her behalf against the patient.  But the defendants did not do so.  The employee repeatedly complained to the defendants about the failure to provide a safe work environment.  She was later disciplined for allegations relating to the patient who had threatened her and then for violating employment policies and professional duties to other patients.  Finally, she was terminated without an offer to have a hearing on her termination.

The court found that the employee failed to adequately plead that her complaints about the defendants’ failure to protect her fell within the protection of a state law that prohibits retaliation and discrimination against employees of health care facilities if they complained about the quality of care, services, or conditions at the facility.  The court reasoned that, rather than complaining about the defendants’ failure to protect her, the employee should have alleged that her complaints were about patient care and safety and workplace conditions.

The court denied the defendants’ motion to dismiss the claim for the employee’s wrongful termination of hospital privileges, finding that her hospital privileges were revoked and she was terminated without notice or a hearing.  As the employee was not even informed that she had a right to a hearing, she was not required to obtain a writ of mandamus before instituting this action.