Ask A Legal Professional

Q: Does the health care legislation (the Patient Protection and Affordable Care Act, or “PPACA”) signed by the President on March 23, 2010, impact the employee-employer relationship?

A: Yes. This is just the latest in recent legislation expanding protection for “whistleblowers.” This law prohibits discrimination or retaliation by an employer against an employee who (1) reports or is about to report possible violations of PPACA to the employer, federal government or state’s attorney general; or (2) testifies or assists authorities with an investigation under PPACA; or (3) objects to or refuses to participate in any activity, policy, practice or assigned task reasonably believed to violate PPACA. Employees need only show the protected conduct was a “contributing factor” in the adverse action. There is an aggressive administrative enforcement mechanism followed by a federal court action. An employee may obtain relief in the form of reinstatement, back pay, compensatory damages and attorney fees.