When you see wrongdoing in the workplace, you should act to try to bring it to a stop. But we know that blowing the whistle can be scary. After all, you may face retaliation that ruins your career, and there’s no guarantee that you’ll succeed on your whistleblower claim. You might also be afraid of receiving threats and essentially being blacklisted in your chosen profession.
Although these concerns are legitimate, you shouldn’t let them paralyze you into inaction. After all, if you fail to act, then innocent individuals will continue to be taken advantage of and be harmed. This is especially true in the healthcare industry. Although you might be worried about how reporting quality of care concerns, ethical violations and illegality may impact you and your family, you should take comfort knowing that there are legal protections that can help keep you safe. Let’s look at them more closely so that you know how you can protect your interests moving forward.
Workplace protections for Wisconsin healthcare whistleblowers
Wisconsin has a healthcare worker protection statute. Pursuant to this statute, a health care worker is protected from retaliation if they report quality of care concerns in good faith. So, if you report wrongdoing to your supervisor or someone else who can take corrective action, then you should be safe from unwarranted discipline or the threat of discipline.
The same holds true for the reporting of any violation of state or federal law, such as if you learn that patients are being overcharged or that there is illegality in Medicaid billing. You also can’t be disciplined or otherwise retaliated against for testifying in a disciplinary proceeding or participating in an investigation into alleged wrongdoing.
If your employer fails to abide by this statute, then you can take legal action against them. If you’re successful here, then you could secure reinstatement to your position and backpay. Your employer might also be subjected to civil fines.
How do you act on your whistleblower protections?
Under Wisconsin law, if you’re retaliated against or terminated from your position within 120 days of reporting alleged wrongdoing, then there’s a presumption that your employer’s actions were taken in response to your reporting. This puts you in a strong position to argue for whistleblower protections. Your first step is to file a complaint with the Department of Workforce Development.
This complaint has to be reported within 300 days of the retaliation that was taken against you. The Department will then conduct an investigation and determine if you were treated unfairly. Its findings can be powerful in any subsequent legal action that you take against your employer.
Before submitting your whistleblower claim and taking legal action for harm that’s been caused to you, you need strong evidence. Communications with your employer in the lead up to and after your reporting of the violations in question can be powerful, but so, too, can witness accounts. So, before you leave your job, do your best to gather written documentation that supports your assertions about both the wrongdoing that’s occurred and the retaliation that was taken against you. If you have questions about what you can and can’t take from your place of work, then you should be sure to discuss with your attorney.
Don’t let your career be ruined because you did the right thing
Sometimes in life it’s hard to do the right thing. But when it comes to blowing the whistle in the healthcare industry, doing the right thing is oftentimes the only way to protect individuals and adhere to the law. While the process can be frightening, you can alleviate your concerns by being aware of your legal rights and acting on them. Hopefully then you can find an outcome that keeps you safe while ensuring that your employer is held accountable for the wrongdoing in which they’ve engaged.
