Legal & EthicalQuestion 179 of 200
A CNA reports unsafe staffing ratios and unsanitary conditions to CDPH. The facility administrator threatens to fire the CNA. This retaliation is:
a.Legal because the CNA is an at-will employee
b.Legal as long as the firing is not in writing
c.Illegal — California whistleblower protections (Labor Code §1102.5 and HSC §1432) prohibit retaliation against employees for reporting violations of law to government agencies or refusing to participate in unlawful activity
d.Only illegal if the CNA's complaint is sustained
Explanation
Labor Code §1102.5 prohibits employer retaliation against employees who disclose information to government or law enforcement agencies, or to a person with authority to investigate, where the employee reasonably believes the information discloses a violation of law. HSC §1432 specifically protects LTC workers who report quality-of-care concerns. Remedies include reinstatement, back pay, civil penalties (up to $10,000 per violation), and attorney's fees. Whether the complaint is ultimately sustained does not change protection; the test is the reporter's reasonable belief and good faith.
Law Reference: Labor Code §1102.5; HSC §1432Practice all 200 questions free — no signup required.
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