Appeals Ct: NV Officials On The Hook For Failing To Investigate Worker’s Complaint

The U.S. District Court of Appeals for the Ninth Circuit has ruled that four Nevada officials can be sued for allegedly scuttling an investigation into a retaliation complaint filed by a whistleblower who worked at Ear Nose and Throat Associates (ENTA) in Las Vegas, NV.

Helen Armstrong, a human resources supervisor at ENTA, reported the health and safety violations at ENTA in 2014 to the Nevada Occupational Safety and Health Administration (NOSHA), a state agency, when ENTA failed to take action. She alleged, among other things, the practice reused contaminated syringes and sold expired prescriptions.

NOSHA investigated and issued ENTA a fine.

ENTA allegedly immediately began retaliating against Armstrong, who had worked there for 23 years, and eventually fired her in 2016.

In an important ruling, a three-judge panel of the U.S. District Court of Appeals for the Ninth Circuit, based in San Francisco, has ruled that  “at will” employees like Armstrong have a limited property interest in their job and can’t be fired for a “prohibited reason” like reporting health and safety violations to NOSHA. 

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