Doctors face challenges that other people don't. Every day. And the high-pressure environment could lead to wrongful firing.
If you're a doctor facing wrongful termination, Mizrahi Kroub, LLP is here to give you guidance. Let's look at the basics of wrongful termination, and some of the unique scenarios doctors might face.
Wrongful termination occurs when an employer unlawfully fires an employee, often violating employment laws or breaching contract terms. For doctors, who play a vital role in healthcare, losing a job unfairly can have serious consequences. That's where our experienced Employment Law attorneys step in to protect your rights.
WRONGFUL TERMINATION CONCERNS UNIQUE TO DOCTORS AND MEDICAL PROFESSIONALS
Regulatory Compliance: The healthcare industry is highly regulated, with numerous laws and guidelines governing everything from patient privacy (HIPAA) to workplace safety (OSHA). Doctors and healthcare professionals are often in positions where they must report violations of these regulations. If an employee is terminated for reporting or refusing to engage in non-compliant behavior, it could be considered wrongful termination.
Ethical Obligations: Physicians are bound by strict ethical standards set by professional boards or organizations. If an employer pressures an employee to act against these ethical standards (for example, by falsifying medical records or misrepresenting patient care) and then terminates them for refusing, this could be grounds for wrongful termination.
Higher Risk of Retaliation: The healthcare environment can be high-stress, with pressure on staff to meet performance metrics or manage costs. This can lead to situations where employees who speak up about issues like understaffing, patient mistreatment, or inadequate facilities face retaliation, including termination. The high stakes in patient outcomes mean that retaliation in this field is not just illegal but can have severe consequences for public health.
Unions: Many healthcare workers, especially in hospitals, are unionized. This provides them with additional protections under the National Labor Relations Act (NLRA). Termination related to union activities or for exercising collective bargaining rights is more common in the medical field and can lead to wrongful termination claims.
Licensing and Credentialing: Doctors are required to maintain professional licenses, and if an employer fires an employee for reporting or refusing to engage in activities that could jeopardize their professional license, this could constitute wrongful termination.
BUILDING YOUR CASE WITH EVIDENCE
Whether you faced discrimination based on age, gender, or retaliation for whistleblowing, documenting your experiences is key. Our team at Mizrahi Kroub, LLP will guide you through the evidence-gathering process and strategize on how to present a strong case in court.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.