Discovering that your employer is threatening to report you to a professional licensing agency can be an unsettling experience. Such threats can provoke anxiety about your professional reputation and future career prospects. However, it’s important to handle the situation calmly and strategically. What should you do?
1. Understand the reason behind the threat
First, find out why your boss is making this threat. Is it because of some kind of misconduct, poor performance or a disagreement? Knowing the details will help you figure out how serious the threat is and what you should do next. The details can also help you understand what evidence might be relevant in your case.
2. Check your documents
Look at the rules of your licensing agency. This will show you if your boss’s threat is based on any legal or ethical rules and how it could affect your license. For example, certain alleged conduct is mandatory to report to the NPDB, some is optional, and other alleged conduct is not reportable.
3. Seek legal advice
It is a good idea to talk to a lawyer who knows about employment law. They can tell you about your rights and help you decide what to do next. They can also help you talk to your boss or defend you if things get more serious. And, they can discuss optional reporting and why it is often unnecessary or may even be a retaliatory adverse action rendering the employer liable.
4. Document everything
Write down everything that happens between you and your boss about this issue. Keep emails, messages and notes from meetings. These records are important if you need to explain your side to the licensing agency or in court.
The documentation you preserve will depend on your industry and the issue at hand. For nurses, for example, the care record for relevant patients can be an important piece of evidence. As another example, copies of social media posts could support your defense if the issue related to your social media usage.
But take care not to violate HIPPA. In some cases you may only be able to note a document or patient for your future reference as may be needed as part of the licensing agency’s investigation.
5. Talk to your employer
If you can, try to sort things out with your boss directly. Talk openly to understand their worries and explain your point of view. This can often clear up any misunderstandings.
6. Prepare your defense
If your boss does end up reporting you, be ready to defend yourself. Collect all important documents, statements from witnesses and any other proof that supports your side. You might also want to write a statement explaining the situation from your perspective.
In addition, often complaints are missing context. It is not uncommon for nursing homes and hospitals, for example, to report a provider essentially to deflect their own negligence. In some cases, this information can be used by your attorney to defend you against the licensing agency.
7. Contact your professional licensing agency
You might want to tell your licensing agency about the situation, especially if you think the accusations are not true. This lets you share your side of the story first, but this is generally only a prudent step on advice of counsel.
Handling a threat from your employer about reporting you to a licensing agency is a serious issue, but with the right approach and experienced attorneys, you can manage the situation effectively and save your career. By taking the right steps, you can move past this and continue to succeed in your field.