A nurse was fired after she complained to her supervisor and then went over her head to management and then complained to the corporate compliance officer that she was being asked to violate the state’s nursing regulations.

    However, the Whistleblower Law in Pennsylvania only applies to employees who blow the whistle on illegal practices by public agencies, not private corporations like this nurse’s employer.

    Nevertheless the US District Court for the Middle District of Pennsylvania ruled the state’s nursing regulations created implicit legal rights for her.

    If the employer’s conduct violates a clear expression of public policy the employee is protected from reprisals for refusing to participate or for complaining or reporting it, even if the employee is not expressly covered by the Whistleblower Law, the Court ruled.

    The Court agreed with the nurse that the state nursing regulations set out a clear public policy which prohibits a nurse from performing venipuncture for a central catheter without special instruction and supervision.