Employer allegedly ratified her colleague’s acts by failing to reprimand, demote or terminate

The Elder Abuse and Dependent Adult Civil Protection Act aims to increase reports of elder abuse and to remove disincentives like fear of lawsuits, especially for mandated reporters uniquely in positions in the course of their work or employment to witness abuse.

The plaintiff in the case of Valero v. Spread Your Wings, LLC et al. worked for the Stanislaus County Department of In-Home Supportive Services. She provided in-home care to a dependent adult.

The plaintiff was arrested and was charged with attempted murder. She was in custody for almost a month and was unable to post bail. The criminal charges were later dismissed.

The plaintiff filed a lawsuit for malicious prosecution against the individual defendant and against Spread Your Wings, LLC. She alleged the following:

• The individual defendant worked a different shift in the home of the same dependent adult and also provided in-home services
• The individual defendant was a care custodian working for Spread Your Wings
• The individual defendant, as a mandatory reporter under the law, made a knowingly false report to law enforcement that she saw the plaintiff smothering the client with a pillow and trying to kill him
• The individual defendant coerced the client to confirm the false report
• The individual defendant was acting in the course and scope of her employment at the time
• Evidence later showed that the report was untrue
• ...

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