In 2002, the Maryland General Assembly passed the Maryland Health Care Worker Whistleblower Protection Act (Act) which bars health care organizations from firing or otherwise retaliating against employees who in good faith “blow the whistle” on their employer’s alleged illegal conduct. In 2022, Maryland’s intermediate appellate court, for the first time addressed the proof needed for an employee to win a case brought under the Act.
The court ruled that a successful employee must demonstrate that “but for” the disclosure of the employer’s wrongdoing, the employee would not have been fired or subjected to a reprisal by his or her employer.
The Act
Under the Act, a licensed or certified health care professional is protected if: (1) the worker discloses to a supervisor or board a violation of “a law, rule or regulation” that poses a danger to public health or safety; (2) the employee reasonably and in good faith believes such a violation has occurred; and (3) the employer retaliates against the employee for making the disclosure.
If so, the employee is entitled to a wide range of possible remedies under the Act, including injunctive relief, reinstatement, compensation for lost wages and benefits, and reasonable attorneys’ fees and litigation costs.
Under the Act, however, the employer has a defense if the personnel action was based on grounds other than the employee’s exercise of protected disclosure rights.
The Facts
In Romeka v. RadAmerica II, the court considered whether...
Somerset Council said it is seeing more online material, including edited images and posts, which does not always accurately reflect council decisions or the full context behind them. A spokespers...