Firing Over COVID-19 Complaint Triggers U.S. Lawsuit

Whistleblower sues over alleged firing regarding complaint about medical practice's failure to protect employees from COVID-19.

By HFT Staff


The U.S. Department of Labor recently filed suit against a New York ophthalmologist and his practice in Amsterdam for allegedly firing an employee who had raised concerns about the practice's failure to implement state-mandated protocols to protect employees from COVID-19 and later filed complaints with state health officials.  

The department's complaint alleges that between March 2020 and December 2020, an employee expressed concerns to their supervisor about the lack of COVID-19 safety protocols, including mask wearing and social distancing, at Kwiat Eye and Laser Surgery PLLC, operated by Dr. David Kwiat.  

The department's Occupational Safety and Health Administration (OSHA) conducted a whistleblower investigation, which found the doctor and his practice retaliated against the employee for filing complaints with the New York State Department of Health. The investigation revealed that Kwiat fired the employee the same day the health department contacted his office, and he specifically cited the employee's contact with state officials as the reason for the termination.  

“The Occupational Safety and Health Act guarantees workers the right to raise safety and health concerns to their employers without fear of termination and retaliation. When a business owner retaliates against employees for filing a complaint, it creates a chilling effect on others from coming forward with concerns about health and safety hazards in their workplaces,” says Richard Mendelson, OSHA regional administrator in New York.  

“Pursuing retaliation cases such as this one remains a priority for the U.S. Department of Labor. Employers must be held accountable both for their failures to follow critical safety protocols during a global pandemic and for firing employees who report such failures,” says Jeffrey S. Rogoff, regional solicitor of labor in New York. 



March 24, 2022


Topic Area: Safety


Recent Posts

The Rising Strategic Value of Owner's Reps in Healthcare

The role of the owner’s representative has evolved beyond project advocate to strategic campus planning consultant.


Lawrence Group Designs Pair of Ignite Medical Resorts in Missouri

They combine cutting-edge physical rehabilitation with the indulgence of a 5-Star hotel.


Construction Complete for Centra Langhorne Medical Center

The five-story, 130,000-square-foot medical office building has been designed to deliver patient-centered care at the heart of the community.


Making the Energy Efficiency Case to the C-Suite

Hospital executives often wrestle with energy decisions made today that either free up budget for patient care or drain resources that could go elsewhere.


How to Avoid HAIs This Flu Season

There are risks surrounding hospitalizations. Here’s how to avoid them.


 
 


FREE Newsletter Signup Form

News & Updates | Webcast Alerts
Building Technologies | & More!

 
 
 


All fields are required. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.