Legal: To Speak or Not to Speak?

The growing problem of employees performing treatments or services without proper qualifications has been compounded by the emergence of medical spas. For example, estheticians can only schedule chemical peels if a doctor is on-site, according to state law. However, the onslaught of med spas that fail to comply with this law do more than cause potential harm to clients. These estheticians and other spa employees put the co-workers who are privy to their misconduct in a compromising situation.

      In his January Legal Pad column, Michael L. Antoline, J.D., explores the ramifications employees face when reporting wrongdoing within spas. He emphasizes that employees who witness misconduct can be torn between their desire to stop a potentially dangerous situation and their loyalty to employers. The decision certainly isn’t easy or always clear-cut.

      Antoline suggests the following three possible solutions:

Anonymous reporting: Many agencies and bureaus rely on anonymous tips. While some might consider these to be sneaky or cowardly Antoline argues that they're not under the following circumstances:
• “There’s wrongdoing, and you’re compelled to report it.
• You're likely to be unfairly victimized for reporting the wrongdoing.
• You can avoid unfair victimization by remaining anonymous.”

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File a complaint: Whistleblower laws are set in place for protection at the state and federal level. A spa employee who files a complaint should be prepared to submit solid evidence, including “dates, times and persons involved.”

Doing Nothing: This option might seem like the path of least resistance, especially for minor infractions. Yet, consider Antoline’s forewarning: “Once someone becomes aware of an illegal activity but chooses to remain tight-lipped, he or she becomes part of the criminal enterprise.”

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