• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

(732) 842-6500
  •   Free Consultation
  • Home
  • Firm Overview
    • History of the Firm
  • Practice Areas
    • Business Law
      • Business Law Practice Areas

      • Business Formation
      • Buy-Sell Agreements
      • Commercial Disputes
      • Dispute Resolution and Arbitration
      • Shareholder Disputes
    • Collections
      • Collections Practice Areas

      • Commercial Collections
      • Debt Collections
      • Judgment Enforcement
      • Personal Guarantee
      • Promissory Notes
    • Employment Contracts
      • Employment Contacts Practice Areas

      • Confidentiality and Non-Disclosure Agreements
      • Executive Agreements
      • Non-Compete Agreements
      • Severance Packages
    • Employment Discrimination
      • Employment Discrimination Practice Areas

      • Age Discrimination
      • Americans with Disabilities ACT (ADA)
      • Disability Discrimination
      • Gender Discrimination
      • HIV or Aids Discrimination
      • Hostile Work Environment
      • LGBT Discrimination in the Workplace
      • Pregnancy Discrimination
      • Racial Discrimination
      • Religious Discrimination in the Workplace
      • Sexual Orientation Discrimination in the Workplace
      • Wage Discrimination
      • EEOC Claims
    • Employment Law
      • Employment Law Practice Areas

      • At-Will Employment
      • EEOC Claims
      • FMLA
      • New Jersey Division on Civil Rights
      • New Jersey Family Leave Act
      • New Jersey Law Against Discrimination
      • New Jersey Paid Sick Leave
      • Reduction in Force
      • Unemployment Compensation Appeals
      • Wrongful Termination
      • Misclassified Employees
      • Medical Leave Benefits in New Jersey
      • Work From Home Laws
    • Litigation
      • Litigation Practice Areas

      • Civil Litigation
      • Contract Litigation
    • Class Actions
      • Class Action Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Misclassified Employees
    • Personal Injury
      • Personal Injury Practice Areas

      • Nursing Home Negligence
      • Product Liability
      • Uber Assault, Fraud, and Harassment
    • Real Estate
      • Real Estate Practice Areas

      • Land Use, Planning and Zoning
    • Sexual Harassment
      • Sexual Harassment Practice Areas

      • Hostile Work Environment Sexual Harassment
      • Housekeeper Sexual Harassment
      • LGBT Sexual Harassment
      • Medical Professional Abuse
      • Quid Pro Quo Sexual Harassment
      • Sexual Abuse
      • Sexual Harassment in Doctors’ Offices and Healthcare
      • Sexual Harassment in Nursing
      • Sexual Harassment of Administrative Assistants
      • Sexual Harassment of Housekeeping and Janitorial Workers
      • Sexual Harassment Retaliation
      • Sexual Harassment in Dental Offices
      • Sexual Harassment in the Entertainment Industry
      • Sexual Harassment in Bars and Restaurants
    • Wage & Hour
      • Wage & Hour Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Tipped Employees
    • Government Fraud/False Claims Act
      • False Claims Act Practice Areas

      • Qui Tam Action
      • Prevailing Wage & False Claims Act
    • Whistleblowing & Retaliation
      • Whistleblowing & Retaliation Practice Areas

      • Conscientious Employee Protection Act (CEPA)
      • Whistleblower
      • Workplace Retaliation
      • Consumer Fraud Attorney
    • Other Legal Services
      • Other Legal Services

      • Estate Law
  • Our Successes
    • Client Reviews
    • Verdicts & Settlements
    • Representative Clients
  • Team
  • FAQs
  • News
  • Office Locations
  • Contact Us
Healthcare Workers Who Speak Out Entitled To Legal Protection | Header Image | McOmber McOmber & Luber

Healthcare Workers Who Speak Out Entitled To Legal Protection

April 23, 2020 by Red Bank Legal

Amid the COVID-19 outbreak, healthcare workers are taking to social media to expose faults in the system.  Specifically, they are speaking out about inadequate capacity and delivery of healthcare, public procurement problems, and unlawful activity.  Consequently, many have been threatened or fired – in violation of their rights.

Employees have a Right to Free Speech.

From a strictly technical standpoint, the First Amendment guarantees citizens the protection of free speech from intrusion by the government. Therefore, it does not apply to private actors, and private employers are private actors.  Thus, employees working for publicly funded hospitals enjoy broader free speech protections than if they worked for a private one.  But that doesn’t mean that the businesses can curb all employee speech. This is because courts have determined comments made as a regular citizen, subject to a legitimate news topic, are protected. To clarify, the pandemic is a legitimate news topic.  Furthermore, the deficiencies exposed pose a risk to public health. Courts have continually upheld this type of speech is protected.

HIPPA Is Not An Issue. 

The Health Insurance Portability and Accountability Act provides privacy standards for keeping patient data safe.  It is true that hospitals have traditionally had strict media guidelines to protect patient privacy. However, privacy laws prohibit disclosing specific patient information, but they don’t bar discussing general working conditions. The disclosures being made are not confidential under the act.

There are Relevant Labor Law Protections.   

Court precedent has long recognized that employees have the right to make a wide variety of statements in the context of a labor dispute.  Private-sector employees have the right to engage in concerted activity under the National Labor Relations Act (“NLRA”, 29 U.S.C. §§ 151-169).  Importantly, this applies to both union and non-union settings.  Section 7 of the NLRA vests employees with the right to engage in concerted action for their “mutual aid and protection.” In recent years, the National Labor Relations Board (NLRB) has been aggressive in terms of ordering the reinstatement of workers terminated for posting comments online regarding their terms and conditions of employment, including comments that are critical of their employers.

There are Special Defenses for Whistleblowers.  

The healthcare workers who have chosen to speak out are “blowing the whistle” against workplace conditions that jeopardize patients and staff. Several federal and state laws prohibit employers from retaliating against employees who report such practices. Federal law that prohibits retaliation against employees for reporting workplace health and safety concerns in Section 11(c) of the Occupational Safety and Health Act (OSHA, 29 U.S.C. §660(c)). New Jersey’s Conscientious Employee Protection Act (CEPA, N.J.S.A. §§ 34:19-1 – 34:19-8) places a great deal of emphasis on employees who work in the health care industry and includes a reference to the public policy of maintaining good health care provisions for the community.  In New York, Labor Code Article 20-C (NY Labor Law §740, §741) prohibits health care employers from penalizing employees who make complaints about the improper quality of patient care.

The Takeaway for Healthcare Workers

As stated by OSHA administrator Loren Sweatt in a press release issued by the U.S. Department of Labor on April 8, 2020, “employees have the right to safe and healthy workplaces.”  Furthermore, even amid COVID-19 concerns, healthcare workers maintain the rights to protect themselves and each other. Proper notification of risk to the public and to workers is critical to public confidence.  Whistleblowers play a vital early warning role in that process. Therefore, retaliation against workers who report unsafe or unhealthy conditions is illegal.

Employment Attorneys At McOmber McOmber & Luber, P.C. Advocate On Behalf Of Victims Of Retaliation

If you are a healthcare worker and any of the above examples seem like your experience at work, please let us help you. The attorneys at McOmber McOmber & Luber, P.C. take a proactive approach to each and every legal issue our clients face. Call our Red Bank office at 732-842-6500, our Marlton office at 856-985-9800, our Newark office at 973-878-9040, or contact us at 888-396-0736 or online for a free consultation.

Filed Under: COVID-19 Updates, Healthcare, Whistleblower, Wrongful Termination Tagged With: OSHA, retaliation, social media, whistleblower, CEPA, COVID19, doctors, healthcare workers, labor law, nurses

Primary Sidebar

Related Practice Areas

  • Whistleblowing & Retaliation | Blog | McOmber McOmber & Luber
    Whistleblowing & Retaliation
  • Wrongful Termination Lawyers | Blog | McOmber McOmber & Luber
    Wrongful Termination Lawyers

Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
    732.842.6500
    732.530.8545
    info@njlegal.com

Marlton Office

  • 39 E. Main Street, Marlton, NJ 08053
    856.985.9800
    856.263.2450
    info@njlegal.com

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
    973.878.9040
    973.310.5216
    info@njlegal.com

Footer

McOmber McOmber & Luber

McOmber McOmber & Luber is focused on delivering exceptional representation and responsive client service. We tailor innovative and cost-effective solutions for each matter we handle.

Quick Links

  • Home
  • Firm Overview
  • Practice Areas
  • Team
  • Office Locations
  • FAQ
  • Press
  • Our Successes
  • Contact Us
  • Awards & Honors
  • Civil Certified Attorney
  • Careers
  • Blog
  • Client Reviews

Practice Areas

  • Business Law
  • Collections
  • Employment Contracts
  • Employment Discrimination
  • Employment Law
  • Litigation
  • Personal Injury
  • Real Estate
  • Sexual Harassment
  • Wage & Hour Attorney
  • Whistleblowing & Retaliation
  • Other Legal Services

Copyright © 2023 · McOmber McOmber & Luber, P.C. All Rights Reserved

  • Privacy Policy
  • Site Map
  • Log In

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

This website’s information does not, and is not intended to, constitute legal advice or form an attorney-client relationship. All content is for general information and may not constitute the most up-to-date legal information. You should consult with an attorney for advice on specific legal problems. Read the full Disclaimer here. Your Privacy Choices Notice at Collection

Free Consultation