Labor & Employment

Accelerated healthcare reform has transformed the landscape of practice for all healthcare providers and professionals. Nelson Hardiman has first-hand experience in adroitly handling labor and employment disputes that arise in this challenging new environment.

Our litigators defend against claims from all phases of the employment cycle, including peer review, wrongful termination, administrative proceedings, agency investigations and enforcement, licensing and other areas of regulation. From physician contract disputes to professional claims and medical staff issues, we combine business acumen with litigation strengths to provide our healthcare and life sciences clients with labor and employment representation they can count on.

Our Work Includes:

  • Benefits Dispute Represented national provider of pharmacy services and patient in federal lawsuit brought against Blue Shield of California and the federal Office of Personnel Management (OPM) for denial of IVIG treatments provided to a federal employee under the Federal Employee Health Benefits Act (FEHBA).
  • Contempt Prevailed in a trial on behalf of a provider of assisted living services to the developmentally disabled against a former employee for wrongfully poaching clients.
  • Contract Dispute Represented a bariatric surgeon in bringing contract, tort, and Labor Code claims against a former employer/medical practice.
  • ERISA Advise numerous healthcare providers on ERISA litigation.
  • Medical Staff Defended a medical executive committee’s decision to suspend a physician before a judicial review counsel (JRC), and defended the decision of the JRC before the hospital’s governing board.
  • Peer Review Represented a physician in a dispute with a hospital in Riverside County concerning the hospital’s failure to reappoint the physician to the medical staff. Following threats of litigation, the hospital reappointed the physician.
  • Unpaid Wages and Healthcare Privacy Laws Successfully represented a pro-bono client and obtained a favorable settlement in a suit against the client’s former employers for unpaid wages and violations of healthcare privacy laws.
  • Wrongful Termination Represented an ambulance company in a lawsuit against its outsourced human resource provider and liability insurer due to their failure to defend and indemnify the ambulance company in an underlying wrongful termination lawsuit brought by former employees.
  • Wrongful Termination Defended a San Bernardino medical group in a wrongful termination action brought by a former physician employee.