Question

A staff nurse who was fired for reporting client abuse to the appropriate state agency files a whistleblower lawsuit against the former employer. Reasons that the court would use in upholding a valid whistleblower suit claiming retaliation include that the nurse:

a. Had previously reported the complaint, in writing, to hospital administration.
b. Had threatened to give full details of the client abuse to local media sources.
c. Was discharged after three unsuccessful attempts at progressive discipline had failed.
d. Had organized, before filing the complaint, a work stoppage action by fellow employees.

Answer 1

Reasons the court would use in upholding a whistleblower lawsuit include previously reporting the complaint in writing to hospital administration, as whistleblower protections under laws like the Whistleblower Protection Act and OSH Act safeguard individuals who report illegal activities from retaliation by the employer.

Step-by-step explanation:

A staff nurse who was terminated for reporting client abuse may have a valid whistleblower lawsuit if they faced retaliation from their employer for engaging in protected activities. One strong reason that courts may uphold a whistleblower suit is that the nurse had previously reported the client abuse in writing to hospital administration. This action demonstrates that the nurse attempted to address the issue internally before escalating it to the state agency. Moreover, whistleblower laws, such as the Whistleblower Protection Act and the Occupational Safety and Health Act (OSH Act), protect individuals who report violations and illegal activities from employer retribution.

Activities like threatening to release details to the media or organizing work stoppages are generally not protected under whistleblower statutes. To establish a case of retaliation under these statutes, the nurse must show that they engaged in a protected activity and that the employer took adverse action against them as a result of that activity. progressive discipline that is unrelated to the act of whistleblowing does not typically bolster a retaliation claim.