Court Rules Against Hospital for Retaliation Against Oncologist Who Filed Whistleblower Claims

Employers have the right to take adverse actions against employers who do their jobs poorly.  If you do not fulfill your job duties in a satisfactory way, your employer has the right to write negative reviews of your performance and to deny your applications for promotions.  If you consistently perform poorly over a period of time, your employer is within its rights to terminate your employment or not to renew your contract.  If your employer takes adverse actions against you despite your excellent performance at work, this may be wrongful termination of employment, and if your employer fires you because you complained about its wrongdoing, this may be employer retaliation.  In either case, you have the right to file a lawsuit against your former employer.  A doctor at a California hospital recently received a multimillion dollar damages award in an employer retaliation lawsuit stemming from his complaints about the hospital’s mismanagement of a charitable donation the hospital received.  A Los Angeles retaliation lawyer can help you if your employer turned on you when you spoke up about misconduct.

Doctor Alleges That Hospital Misused Charitable Donation Intended for Neurological Research

The plaintiff is an oncologist (a doctor who specializes in cancer treatment) who began working for a large research hospital in California in 2005.  In 2013, he began conducting research on transcranial magnetic stimulation (TMS), a brain stimulation technique that has potential therapeutic applications even outside of oncology.  In 2015, the plaintiff, or his employer, received a charitable donation for $10 million.  The donor was a wealthy businessman whom the plaintiff had treated years earlier; when he died, his will provided for this gift to support the plaintiff’s medical research.

The plaintiff understood the terms of the donation to mean that the money was specifically for the plaintiff’s research projects at the hospital, but the hospital interpreted it as a gift to the hospital’s cancer center, to be used for the center’s general operations.  To make matters worse, the employer kept putting up obstacles that delayed the plaintiff’s plans to begin clinical trials on his research.  The employer also alleged that the plaintiff was engaging in research activities outside the hospital, which was a violation of the terms of his contract.  This led to the plaintiff filing a series of complaints about the employer’s misuse of the funds and about the hostile work environment.  In February 2020, when the plaintiff’s contract was up for renewal, the hospital terminated his employment and did not renew his contract.

The plaintiff filed an employer retaliation lawsuit in which he alleged wrongful termination of employment.  In July 2023, the court awarded the plaintiff $39 million in damages.

Speak With a Los Angeles Employer Retaliation Lawyer

A Los Angeles employer retaliation lawyer can help you if your employer’s misconduct got worse after you complained about it.  Contact Litigation, P.C. in Los Angeles, California to discuss your situation or call (424)284-2401.

Source:

sandiegouniontribune.com/news/courts/story/2023-08-02/jury-awards-former-uc-san-diego-doctor-39-million-in-civil-suit