San Antonio Healthcare Whistleblower Lawyer
Texas state law protects nurses and other employees of hospitals, mental health facilities, or treatment facilities from retaliation for reporting violations of law pertaining to health and safety. In Texas, a nurse may not be retaliated against for refusing to perform certain actions or reporting certain behavior. The employment attorneys at the McKinney Law Firm will help you determine whether you have a claim and develop a strategy to protect yourself and your family.
More Details
Texas Nurses have Whistleblower Retaliation Protection Under Texas Law
In Texas, a nurse may not be terminated, disciplined, suspended, or discriminated against for engaging in protected behavior. For example, a nurse cannot be retaliated against for reporting to the nursing board that another nurse has exposed a patient to substantial risk of harm by failing to provide care that meets minimum acceptable standards. A nurse cannot be retaliated against for reporting to the employer or the nursing board conduct by another nurse that violates a board rule and caused death or serious injury to a patient. A nurse may not be retaliated against for reporting that another nurse has engaged in fraud, exploitation or abuse.
Additionally, a nurse cannot be retaliated against for refusing to engage in conduct that would violate a rule of the nursing board. The protections can be found in the Texas Occupations Code.
All Hospital, Mental Health Facility, and Treatment Facility Employees have Whistleblower Protection
The Texas Health & Safety Code makes it illegal to terminate or otherwise retaliate against an employee for reporting a violation of law. Unlike some other whistleblower laws, to be covered, an employee only has to report the violation of law to the employee’s supervisor. The report can be made verbally or in writing. An employee would also be protected if they reported a violation of law to an administrator of the facility, a state regulatory agency, or a law enforcement agency.
This provision in the Health and Safety Cod is very broad. It covers all employees of hospitals, mental health facilities, and treatment facilities, not just nurses. Furthermore, the reported violation of law does not expressly have to concern patient care, nursing standards, or nursing board rules.
Timelines For These Types of Claims Are Short!
An employee who believes they have been unlawfully retaliated against must file suit within 180 days of the retaliatory act they are complaining of. That is not much time! Failure to meet this deadline will bar an employee’s claim. If you have been retaliated against it is recommended that you consult with a San Antonio / Austin employment attorney as soon as possible to learn more about your rights and how you can protect yourself.
The McKinney Law Firm, P.C. represents workers who are seeking an employment attorney in cities such as Austin, San Antonio Georgetown, New Braunfels, Round Rock, Boerne, Cedar Park, Sequin, Pflugerville, Leander, Helotus, Del Valle, Kyle, Kerrville, and Fredericksburg.
