Suspicion not enough for constructive termination, whistleblower claims

A nurse practitioner was investigated three times following anonymous employee hotline complaints. The complaints were found unsubstantiated, and no disciplinary action was taken. The employee resigned after receiving an offer for a higher-paying job.

The employee later sued for constructive termination, alleging the unsubstantiated complaints against her were part of a plot by her employer to force her out. She also claimed she was entitled to whistleblower protection for over 50 complaints she made regarding scheduling and patient care issues. In a rare win for an employer, all her claims were dismissed before trial.

Nurse practitioner complains, is subject of complaints

Carla St. Myers was a nurse practitioner for Dignity Health for three years. She submitted over 50 complaints regarding working conditions related to scheduling, alleged safety issues such as doors not locking properly, and things she believed affected patient care, such as missing or inadequate equipment and poor staffing.

In 2012, St. Myers was investigated three times regarding alleged improper conduct: improper access to patient records, inappropriate behavior with her romantic partner in the workplace, and misuse of drugs. All complaints were received via Dignity Health's anonymous hotline. The company never learned the identity of the complainants.