A jury rendered a $1 million verdict in favor of Dr. Margarita Gormus on her retaliation claim against Greystone Park Psychiatric Hospital in New Jersey.
The claim arose out of Dr. Gormus' testimony in a class action regarding a patient's demise in 2018. Greystone paid a large settlement as a result of the class action, which included significant changes in staffing and security policies at the hospital.
Dr. Gormus alleged that, in an act of retaliation, her superior began assigning her twice the number of patients - ultimately - 52 total. Many of these patients were also considered violent and dangerous. The jury found this added workload after Gormus' testimony in the class action amounted to retaliation.
Source: https://patch.com/new-jersey/morris/doctor-awarded-1m-after-exposing-embattled-nj-psych-facility
Commentary
Those who testify must be protected from retaliatory actions. A retaliatory action - defined as a materially adverse action - can include:
· Demotions
· Wage reductions
· Ostracization
· Work location changes
· Reduced benefits
· Promotion denials
· Changes in working conditions
· Increased workloads
· Work-related threats, warnings, or reprimands
· Negative or lowered evaluations
· Transfers to undesirable work locations
· Micro-managing without justification
· Removing supervisory responsibilities
· Subjecting the employee to abusive language
· Threats of deportation
· Taking a materially-adverse action against a family member
· Threatening a civil action
Healthcare employers may help reduce the risk by considering the following:
· Be vigilant after an employee testifies to make sure no negative employment actions are taken without proper contemporaneous documentation
· The documentation should indicate the business-related reason for any change in a complainant's workload, duties, schedule, pay, etc. independent of the outcome of the investigation the employee participated in
· Make sure your supervisors are trained to consult with HR before changing any terms or conditions of employment
