Anonymous Phone Calls: No Legal Protection For Reports Of Abuse And Neglect Of Vulnerable Adults
Legal Eagle Eye Newsletter for the Nursing Profession Persons who in good faith file formal reports of actual or
suspected abuse or neglect of vulnerable persons with appropriate officials are protected
by law from their employers' retaliatory actions. The Court of Appeals of Minnesota ruled recently, however,
that this legal protection will not be extended to a caregiver employed to work with
developmentally disabled adults who makes repeated anonymous phone calls to a state
agency, to voice her concerns over the system being used by her employer to monitor
residents' medications, over one resident seeming to dominate other residents, and
over her supervisor's "bossy and unprofessional attitude." Thus, according to the court, it was legally permissible
for the facility to fire this caregiver, when a co-worker reported her as the one behind
the anonymous calls. First, to qualify for legal protection from retaliatory
action by one's employer for reporting abuse or neglect of vulnerable persons, a
formal report must be filed with appropriate officials. Second, there must be a good faith belief that abuse or
neglect, as defined by law, has happened or continues to take place. Abuse or neglect
means depriving a vulnerable person of necessary food, clothing, shelter, health care or
supervision, or non-therapeutic conduct producing pain, injury or mental distress, or
sexual contact with such a person, or misuse of such a person's assets or
possessions. Expressions of differences of opinion over issues of
resident care and supervision do not amount to reports of neglect or abuse, and are not
given any special protection under the law, according to the court.