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. Cannon vs. Rehab, 544 N.W. 2d 790 (Minn. App., 1996).