Healthcare Industry Employment Lawyer in California

Reviewed by Eliot J. Rushovich, Managing Partner, Rise Law Firm, PC. Last updated October 2026.

Healthcare employees work under heavy patient loads, strict regulation and constant pressure to keep costs down. When a nurse, physician or other staff member raises a concern about patient safety, staffing or billing, or needs leave or an accommodation, the response is sometimes discipline, a sudden loss of shifts or termination. California law gives healthcare workers some of the strongest protections available to any employees, including a statute written specifically to protect those who report problems with patient care.

Rise Law Firm is based in Beverly Hills and represents healthcare employees throughout California in whistleblower, retaliation, discrimination, harassment and wrongful termination cases. We represent employees only.

Who we represent and the claims we see

We represent employees at hospitals, medical groups, clinics, surgery centers, pharmacies, laboratories and home health agencies, including:

• Hospital and health system executives, including C-level executives and other senior management.
• Registered nurses, licensed vocational nurses and nurse practitioners.
• Physicians and physician assistants who are employed by a hospital, medical group or other healthcare organization.
• Medical technicians, therapists and pharmacists.
• Administrators, managers, billing and coding staff, and other non-clinical employees.

This list is not exhaustive.

Common claims in the industry include:

• Whistleblower retaliation for reporting unsafe patient care, understaffing, unlicensed practice or billing fraud.
• FEHA retaliation for complaining about harassment or discrimination, requesting an accommodation or taking protected leave.
• Disability discrimination and failure to accommodate, including injuries and medical conditions that affect lifting, standing or shift length.
• Pregnancy discrimination and violations of the right to pregnancy disability leave, particularly where lifting restrictions or schedule changes are used to justify pushing an employee out.
• CFRA leave violations, including discipline or termination for taking protected leave to care for a family member or for one’s own serious health condition.
• Sexual harassment, including harassment by physicians or executives whom the employer treats as too valuable to discipline.
• Wrongful termination, including terminations framed as a reorganization, a performance problem or a staffing change.

These are common examples, and other claims may also apply.

Issues particular to the healthcare industry

Reporting patient safety concerns (Health and Safety Code § 1278.5)

California has a whistleblower statute written specifically for healthcare facilities. Health and Safety Code section 1278.5 prohibits a health facility from retaliating against a healthcare employee, a member of the medical staff or another healthcare worker for presenting a grievance, complaint or report to the facility, an accrediting agency, the medical staff or a government entity, or for cooperating in an investigation, related to the quality of care, services or conditions at the facility. If the facility takes adverse action within 120 days after the complaint and knew about it, the law presumes that the action was retaliatory, and the facility must produce evidence to rebut that presumption. A worker who proves retaliation may be entitled to reinstatement, lost wages and benefits, legal costs and other remedies the court finds warranted, and the facility can also face a civil penalty. Section 1278.5 does not apply to long-term health care facilities, which are covered by a separate statute.

Healthcare employees are also protected by Labor Code section 1102.5, which prohibits retaliation against an employee who reports, or refuses to participate in, what the employee reasonably believes is a violation of a law or regulation. Read more on our whistleblower page.

Billing fraud

Employees who raise concerns about improper billing to Medicare, Medi-Cal or private insurers, such as billing for services that were not provided, upcoding or kickbacks for referrals, are protected from retaliation under the California False Claims Act (Gov. Code § 12653) and the federal False Claims Act (31 U.S.C. § 3730(h)), in addition to Labor Code section 1102.5. These protections apply to efforts to stop a violation, not only to formal reports to the government.

Case example

We represented a senior employee of a hospital company who raised concerns with the company’s legal and compliance leadership, and later with senior executives, that non-clinical business development staff were pressuring hospital admission decisions to increase revenue. The employee was concerned that patients’ care was being influenced by financial considerations rather than medical need, and that the practice could lead to inflated claims to Medicare and other insurers. The employee also instructed hospital leadership not to act on admission directions from non-clinicians. Within weeks, and despite having received no criticism of the employee’s performance, the company terminated the employee, stating only that the employee was “not a good fit.” We filed suit for whistleblower retaliation under Health and Safety Code section 1278.5 and the California False Claims Act, and for wrongful termination in violation of public policy. The case was resolved before trial.

Physicians

A physician who is employed by a hospital, medical group or other organization is an employee and is protected by FEHA and Labor Code section 1102.5 in the same way as any other employee. A physician who is a partner or owner, or who works as an independent contractor, may not be treated as an employee for some claims, but FEHA still protects independent contractors from harassment (Gov. Code § 12940(j)(1)). California law also protects physicians who advocate for medically appropriate care for their patients (Bus. & Prof. Code §§ 510, 2056).

Nurses and staffing

Nurses frequently raise concerns about unsafe nurse-to-patient ratios, missed breaks, mandatory overtime and assignments outside their competency. Complaints of this kind relate to the quality of care and conditions at the facility, and they can be protected under section 1278.5 and section 1102.5. Retaliation can take the form of termination, but it can also take the form of reduced shifts, undesirable assignments or removal from a unit.

Public hospitals and county health systems

Employees of public hospitals, county health systems and University of California medical centers are protected by FEHA and section 1102.5, but claims against a public entity follow some different rules. Some claims require a government claim to be presented within six months, and public entities are not liable for punitive damages (Gov. Code § 818).

Arbitration agreements

Many hospitals and medical groups require employees to agree to arbitrate disputes privately. Under federal law, an employee with a sexual harassment or sexual assault claim may choose to bring it in court rather than arbitration, regardless of an arbitration agreement (9 U.S.C. §§ 401–402). Beginning January 1, 2027, California law applies the same rule to arbitration agreements governed by the California Arbitration Act (Code Civ. Proc. § 1281). Under California law, harassment because of sex includes harassment based on pregnancy, childbirth and related medical conditions (Gov. Code §§ 12926(r), 12940(j)), so an employee who was harassed because of pregnancy may also be able to bring that claim in court. Other claims may also fall outside an agreement, depending on its terms and how it was presented.

Deadlines

The main deadlines are below. They can be shorter or longer depending on the facts, so it is best not to wait.

Frequently asked questions

I reported a patient safety concern and was fired soon after. Do I have a case?

You may have a case. If you complained to your facility, the medical staff, an accrediting agency or a government entity about the quality of care or conditions at a health facility, and you were disciplined or terminated within 120 days, California law presumes that the action was retaliatory. The facility can try to rebut that presumption, but the timing is important evidence. Retaliation that occurs later can also be unlawful.

Do I have to report to a government agency to be protected?

No. Complaints made internally, such as to a supervisor, a charge nurse, the medical staff or a compliance hotline, can be protected under section 1278.5 and Labor Code section 1102.5. It is helpful to keep track of when, how and to whom you raised your concerns, and to save copies of any emails or written reports.

I am a physician employed by a medical group. Am I protected by FEHA?

Yes. A physician who is employed by a hospital, medical group or other organization is protected by FEHA and Labor Code section 1102.5 like any other employee. Whether a physician who is an owner, partner or independent contractor is protected depends on the claim and on how the relationship actually worked.

My employer says it let me go because of patient complaints or a chart audit. Can I still have a claim?

Possibly. A healthcare employer can discipline or terminate an employee for legitimate performance or patient care reasons. But if the stated reason is not the real reason, for example where an audit began only after you raised concerns, or where others with similar issues were not disciplined, you may have a claim for retaliation, discrimination or wrongful termination.

Talk to a healthcare industry employment lawyer

Rise Law Firm represents employees throughout California in wrongful termination, discrimination, harassment and retaliation cases, from chief executives to minimum-wage workers. We have secured millions of dollars for our clients, including recoveries against major companies, government entities, and celebrities. We work on a contingency basis, which means there are no fees or costs unless we recover compensation for you.

If you work or worked in healthcare and were wrongfully fired, harassed or retaliated against, contact us to request a free, confidential consultation, or call (310) 728-6588. You can learn more on our Beverly Hills employment lawyer page.

This page provides general information about California and federal law and is not legal advice. Reading it does not create an attorney-client relationship.