California Appellate Court Rules in Favor of Employer in Whistleblower Retaliation Claim

In a recent whistleblower retaliation case, a California appellate court has ruled in favor of an employer. The California Court of Appeals, Fourth District, found that El Centro Regional Medical Center did not unlawfully retaliate against a doctor (Slone v. El Centro Reg’l Med. Ctr.). Here, our California employment lawyer provides a more comprehensive analysis of the case.

Case Review: Slone v. El Centro Regional Medical. Center

Background & Facts 

Plaintiff Johnathan Slone, M.D. filed a lawsuit against his former employer, El Centro Regional Medical Center, for wrongful termination on the basis of whistleblower retaliation. Wrongful termination based on whistleblower retaliation occurs when an employer fires an employee for reporting illegal, unethical, or unsafe practices within the company. Dr. Slone alleged that the Center illegally fired him under California Health & Safety Code § 1278.5 for reporting his concerns about issues related to patient care to his employer. El Centro Regional Medical Center denied any wrongdoing.

 Legal Issues 

The legal issue at stake in this case was whether or not El Centro Regional Medical Center unlawfully terminated Dr. Slone in violation of California law. Health & Safety Code § 1278.5 strictly forbids employers from taking adverse action against healthcare workers for raising concerns either internally or externally about patient care. Dr. Slone argued that his complaint about patient care was the motivating factor behind his termination.

However, the employer countered that it had good cause to terminate Dr. Slone separate from his alleged complaint about patient care. They argued that they disciplined Dr. Slone because of a combination of financial disputes and administrative non-compliance, which drove the decision to terminate his employment with the hospital. Additionally, the employer representatives emphasized that they suspended Dr. Slone’s hospital privileges for failing to complete medical records as required by the medical center’s procedures. Therefore, the defense was based on the employer’s decision to terminate Dr. Slone’s employment based on his performance, or lack thereof, and his failure to follow hospital procedures.

 Court Decision 

Upon review, the California appellate court ruled in favor of the employer in the whistleblower retaliation case. The court found that Dr. Slone did not provide sufficient evidence that the Center retaliated against him for reporting patient care concerns. The court noted that the total weight of evidence supported the employer’s defense—that they had legitimate, non-retaliatory reasons to take adverse employment action.

Whistleblower retaliation cases are complicated. However, this case demonstrates how important it is for employers in California, especially those who find themselves in high-stakes personnel disputes, to document any employees’ performance issues or violations of policies or procedures carefully before terminating an employee.

 Consult With Our California Employment Attorney Today

At Sloat Law Group, APC, our California employment attorney has the knowledge and experience that employers can rely on. If you’re an employer with questions about whistleblower laws or documenting employees’ performance, we are here to help. Contact us today for your fully confidential, no-obligation initial consultation. With an office in Riverside County, we work with employers throughout California.

 Sources:

casetext.com/case/slone-v-el-centro-regl-med-ctr

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=1278.5