Takeaway: Under Nevada law, a whistleblower with a facially valid complaint of retaliation is entitled to retain her job without being fired for a prohibited reason, even as an at-will employee. In light of this clarification offered by the court, Nevada's Occupational Safety and Health Administration would be wise to ensure such complaints are thoroughly investigated. The court went so far as to suggest that the agency should be required to explain any decision not to investigate.
An at-will employee who filed a complaint with Nevada's Occupational Safety and Health Administration (NOSHA) alleging retaliation for reporting unsafe medical practices had a "legitimate claim of entitlement" to retain her job without being fired for a prohibited reason under state law, a federal appeals court recently held. The court stressed that NOSHA is mandated to investigate facially valid complaints and file suit to remedy any violations found.
The plaintiff, a supervisor at an otolaryngology practice (focusing on the ears, nose and throat), alleged she had witnessed unsafe medical practices in her workplace, including the use of contaminated syringes and the sale of expired prescriptions. When her employer ignored her concerns, she filed a complaint with NOSHA. Following her complaint, she claimed that her employer retaliated against her, demoting her to a nonsupervisory role. She then filed a second whistle-blowing complaint, but fearing further retaliation, withdrew it before the...
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