Barden & Barden Firm News

Victory in Whistleblower Retaliation Case: Securing Justice for a Dedicated Psychologist Against Washington State Agencies

October 2025

Our client, a highly regarded psychologist with over eight years of exemplary service at the Department of Social and Health Services (DSHS) and the Department of Corrections (DOC), faced severe repercussions after reporting potential violations of patient privacy laws. She emailed colleagues and supervisors about unsecured medical records, and everyone agreed it was a significant issue. The state even acknowledged her as a whistleblower. She also filed a complaint with the Washington State Auditor, which was referred back to DSHS.

Despite a spotless record prior to her report, our client encountered hostility, disciplinary actions, and an investigation shortly after. Seeking a better environment, she accepted a position at DOC. However, just before her transfer, DSHS initiated an investigation into baseless allegations of misconduct. Even though she requested its completion, DSHS refused, citing her upcoming move.

Complications arose when a high-level DSHS official, previously from DOC, shared details of the investigation with DOC leadership. This led to our client's termination at DOC, disguised as a reversion to her old role—but with no job to return to. False accusations followed, including mismanagement of pharmaceuticals (impossible, as she conducted assessments, not prescriptions) and withholding application information.

From late 2021 to mid-2022, our client applied to 20 positions at DSHS and DOC, only to face rejection due to a fabricated narrative entered into their hiring system—triggering blacklisting claims. In October 2022, a job offer from a colleague at Eastern State Hospital was rescinded after interference from DSHS leadership, who labeled her as "Do Not Hire."

After a grueling two-week trial in Spokane County Superior Court, presided over by the fair and diligent Judge High-Edward, the jury ruled in our client's favor on the blacklisting claim against both agencies. The verdict totaled $1,244,600, compensating for lost wages and emotional distress.This case boiled down to four key principles: protecting whistleblowers, preventing retaliation, upholding fair hiring practices, and ensuring accountability in state agencies. 

Thanks to the dedication of the Barden & Barden team and support from our network, we turned a challenging situation into a landmark win. If you've experienced whistleblower retaliation or blacklisting in Washington, contact us for a consultation. We're here to fight for your rights.

Practice area(s): Employment / Labor

Court: Spokane County Courthouse

Heather C. Barden

Heather C. Barden

I represent individuals who have been wronged by their employer. The cases I work on involve situations when the employer has engaged in an illegal act based on an employee's sex, gender, age, disability, need for accommodation, pregnancy, military status, marital status, religion, need to breastfeed, and need for medical leave. Frequently these cases involve conduct by the employer that includes discrimination, retaliation, failure to accommodate, medical leave violations, and/or sexual harassment.

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