Legal Question in Employment Law in California

Re: CA registered nurse........

It may be that abuse at the hospital extends to its employees as well.

Under a recent CA case, you may already have a cause of action against this employer. The Supreme Court in YANOWITZ v. L'OREAL USA, INC (Aug. 11, 2005) liberally defined the degree of "adverse employment action" that is needed to bring a case for emotional damages because of discipline of an employee (or denial of employment opportunity) in retaliation for a legally protected complaint. The court held that the test is whether the action "materially affects the terms and conditions" of your employment. I believe a second false write up for tardiness would satisfy the Court's standard.

I believe a jury would undrstand that you did not trust the hospital to deliver the report based on their resistance to your preparing it. Therefore, taking the extra time to file the report personally, while unusual, is understandable.

The cause of action you have in court is entitled a "wrongful discipline and/or termination in violation of public policy". In effect, you are a whistleblower, and even an "at will" employee can't be fired in retaliation for making a legally mandated report intended to protect the public.

Re: CA registered nurse........

While you are obligated to report abuse, deciding to take several hours off despite being told to use your own time was not a good idea. You have an argument that they should have provided reasonable time to prepare the report and file it, but you are now fighting a misconduct and/or poor attendance disciplinary action. It might be in your best interest to quickly hire counsel to intervene before a decision is made to terminate you. It would be better for you to try to keep your job than try to win a difficult and costly lawsuit. Contact me if interested in doing so.