Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

I received a public reprimand from the board of nursing (appeals

lost) because my employer hired...
I received a public reprimand from the board of nursing (appeals lost) because my employer hired non-certified aides and those who left the country and returned as another person. At the time of the inspection, I was only employed for three months and was not the director of nursing and not in charge of hiring or verifying licensure of staff. I am now reprimanded for improper delegation, professional misconduct, and violations of safety and welfare of patients. I have been a nurse for 20 years with no issues. Can I sue my company for this since I will no longer be desirable as an employee with this on my record? Loss of potential earnings?
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 minutes by:
4/24/2013
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33,167
Experience: JD, BBA, recognized by ABA for excellence.
Verified

Hello and welcome.

I am terribly sorry to hear of your difficult situation. Please note: (1) this is general information, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. There may be a delay between your follow ups and my replies as I review your responses and prepare your answer.

Were you aware of the employer's practices/violations while you were working for them?

Ask Your Own Employment Law Question
Customer reply replied 4 years ago
I was not aware of any violations until a few weeks before the Inspection. I brought it to the attention of the owner immediately and was in the process of addressing the issue when the inspection occurred. I thought another employee over heard the conversation and turned them in.
I see. Thank you for the additional information, Lisa.

Did you have an attorney representing you in the proceedings against you before the board of nursing.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago
I do; however, those appeals have been exhausted. I am left with the final consent order being as stated above plus reporting to the National Healthcare Practitioner Database. She does not represent in civil matters only defense matters against board actions.

I see. Thank you for providing additional insight on your situation. Since you were not in a position of authority, it is surprising to me that the board would take such disciplinary action against you, especially when you were addressing the issue when you did discover it.

I have been looking for a theory of law on which to sue the employer. Courts are typically reluctant to impose liability on an employer in this type of situation, but these circumstances cry out for justice in my opinion.

The only line of cases that I have found which might aid you involves courts finding a medical provider liable based on a corporate negligence theory of law when they violate their own bylaws.This could provide you with grounds to pursue legal action against the employer on a theory of negligence, but you may have to argue for an extension of the law in your case.

If you wish to pursue such a claim, you would need to retain a local civil litigation attorney who is familiar with health law.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Note: Please feel free to request me if you have future legal questions by going to your “My Questions” page and clicking on “Request Tina again” next to my photo. I look forward to hearing from you again.



Ask Your Own Employment Law Question
Customer reply replied 4 years ago
Does it help my case if I have written statements from my employer admitting that I was not at fault, another employee was in charge of the hiring process, and I had no knowledge of the uncertified aides? I got them to write me a letter for my appeal.
Hello again, Lisa.

Yes, that should benefit you and I would think should have benefited you before the board of nursing. I'm sorry that did not go your way. This may be an uphill battle--attempting to impose liability on the employer, but I do believe it is worth looking into further. If you retain a local attorney or paralegal, they will likely need to perform a couple of days research to see what your best legal arguments would be. It sounds as though you have favorable facts, but you need a solid theory of law, which may take some digging.
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33,167
Experience: JD, BBA, recognized by ABA for excellence.
Verified
Tina and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33,167
33,167 Satisfied Customers
Experience: JD, BBA, recognized by ABA for excellence.

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

33,167 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I was terminated from my employment for a safety violation,
I was terminated from my employment for a safety violation, which they said was on a CCTV. I asked to see the video and they stated that I could not. Is that correct? Also, I was given a final paychec… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
987 satisfied customers
Approximately 2 weeks ago, my Safety manager commented about
Approximately 2 weeks ago, my Safety manager commented about my beard and respirator use. I provided fit test results that the beard didn't interfere and that because of my religion, I hadn't cut my b… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,689 satisfied customers
I am an rn for 25 years. With no disciplinary action. I was
I am an rn for 25 years. With no disciplinary action. I was sent for a 7 drug screen because my employer said my speech was slurred and my mouth was dry. I take blood pressure medicine and phentermine… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I was fired on the 13th of this month for safety issues the
Hello. I was fired on the 13th of this month for safety issues the workplace claims, but in reality I had asked time and time again about not being on the equipment that I was on and nobody never list… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
I have been given written disciplinary action for taking
I have been given written disciplinary action for taking sick time off. I am a part time employee in AZ so I do not qualify for FMLA, and I was given no alternatives before I was written up. What are … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,298 satisfied customers
I was written up. Disciplinary action for excessive absences
I was written up. Disciplinary action for excessive absences that were under FMLa that they refused as being so because they said they didn't have proof which hadn't been passed from HR. I told them I… read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,529 satisfied customers
I requested a leave of absense for the safety of my family
I requested a leave of absense for the safety of my family pending a restraining order and 2 hours later I was demoted … read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,529 satisfied customers
I am a Certified Safety Professional with over 35 years
I am a Certified Safety Professional with over 35 years experience in occupational safety. I have been working for Fluor at Plant Vogtle 3&4 nuclear plant construction site. On Thursday, I was placed … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
A disabled veteran was retaliated for bringing up safety
A disabled veteran was retaliated for bringing up safety issues at a health club in Las Vegas. He was terminated while not on the clock and was told to punch in and do his shift after being terminated… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
45 satisfied customers
I am the Safety and Health Program Manager for a U.S.
hello. i am the Safety and Health Program Manager for a U.S. company that is currently undertaking an overseas project. … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,256 satisfied customers
Work for a company and teach fire arm safety and concealed
work for a company and teach fire arm safety and concealed carry license, they want me to sign a contract not to teach this class while working for them and not to teach this class for 3 years if I sh… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
Well, My company threatened to take disciplinary action and
Well, My company threatened to take disciplinary action and terminate my employment by performing my job. I'm a safety professional by career and represent a client for safety. The threat came based o… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I have a question about employee safety, New Mexico, I've
Hello! I have a question about employee safety JA: What state are you in? It matters because laws vary by location. Customer: New Mexico JA: Has anything been filed or reported? Customer: I've only sp… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,316 satisfied customers
I have a Disciplinary Action Notice Action Notice Grievance
I have a Disciplinary Action Notice Action Notice Grievance letter needing proof reading, corrective spelling if needed, punctuation correction … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
13,709 satisfied customers
How to guarantee the safety/integrity of payroll documents
How to guarantee the safety/integrity of payroll documents when requesting copies from employer?… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,689 satisfied customers
I was recently written up (safety infraction) for not
I was recently written up (safety infraction) for not telling an apprentice to make sure to watch out for employees when he was in a scissors lift. I was in another part of the facility at the time of… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,298 satisfied customers
I am facing probable disciplinary action if not termination
I am facing probable disciplinary action if not termination because I reported a coworker who was disrespectful ,like yelling,at me or embarrassing me.I need a legal representation to help me with thi… read more
Ely
Ely
Counselor at Law
Juris Doctor
44 satisfied customers
I am in the process of receiving a disciplinary action for
I am in the process of receiving a disciplinary action for poor work performance from over a year ago. During the time period of the alleged poor work performance, I was diagnosed with hypothyroidism … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x