Employer Promises if I Resign, They Will Not Report to Licensing Board: How to Handle Employer Threats

Healthcare professionals may have an employer with whom they do not get along well. In some instances, the situation can get extremely ugly, and the employer may wish to push the employee out of practice. In some instances, the employer may claim that the employee has done something unprofessional or violated their license. The employer then tells the professional, we do not need to bring these accusations to the board, but you have to resign.

Perhaps the issue is a “he said she said” scenario, or maybe there is some basis for the report but the employer is grossly exaggerating. Perhaps the professional simply feels helpless and does not believe it is possible to fight against the allegations.

In many cases, the employee takes the offer and leaves his or her position with an assurance that the employer will not report him or her to the licensing board. The professional may feel saddened by the loss of a job but consoled by the fact that his or her profession and license is still protected.

However, nothing is binding the employer to his or her word, and many people find that they end up facing disciplinary action anyway.

An Employer Cannot be Prevented from Reporting Misconduct

If the employer believed that a person was guilty of any type of misconduct, then that employer has the right to report the person to the licensing board. Reporting professional misconduct would be tricky if people could be coerced into silence. Therefore, the rights of a person to report a violation or suspected violation are protected. In a situation where the report was filed by someone vindictive and with mal intentions, it will be up to the board to make a determination.

While those who feel that they were wrongfully reported by a person who wished to do them harm might think this is worth bringing up to the board, it is important to remember that the board does not care why the complaint was filed. If there is evidence to support the complaint, then the board is obligated to investigate.

Making matters worse for the accused is the fact that the complaint might not come in until months or even years after the event. Memories from the time might be spotty, and evidence might not be available to defend against the allegations.

Fight the Charges, Not the Accuser

If a medical professional’s employer offers to withhold reporting in return for the employee’s resignation, this should not be considered a legitimate offer. When a professional believes that his or her license is in jeopardy because of an error or mistake, the employee needs to address the allegations. An employee who focuses on why an employer made such allegations will be doing him or herself a disservice. No licensing agency will care about bad blood and workplace politics. These agencies will cut to the facts of the allegations, and make their determination based on those facts.

If you believe that your employer or another individual is planning to report you to a professional board, contact a Kansas Professional Licensing Defense Attorney to discuss the allegations. Speaking to an attorney is not an admission that you did anything wrong. Rather, hiring an attorney will indicate that you understand the gravity of the charges and are willing to take the steps necessary to protect yourself and your career. Contact Sanger Law today at (785)-979-4353 to discuss your case.