Nursing Home Employee Rights

In 2010, the Illinois Nursing Home Care Act was amended to include “whistleblower protection.” This provision specifically creates a private right of action for nursing home employees who face retaliation after reporting or threatening to report to a supervisor or a public body any action or incident they believe to be a violation of the law, a rule, or a regulation regarding care and treatment of nursing home residents. Retaliatory action is defined as any reprimand, discharge, suspension, demotion, denial of promotion, denial of transfer, or change in the terms and conditions of employment of an employee precipitated by that employee’s participation in any of the aforementioned protected activities. The provision also protects employees from retaliation for providing information or otherwise participating in any investigation by a public body, such as the Illinois Department of Public Health.

If an employer retaliates against an employee in violation of the Nursing Home Care Act, the affected employee may bring a civil action against the employer for multiple types of relief, including but not limited to:

• Reinstatement of the employee to either the same position held before the retaliatory action or to an equivalent position;
• Double back pay;
• Interest on back pay;
• Reinstatement of full fringe benefits and seniority rights; and
• Payment of reasonable costs and attorney’s fees.