When you work in a specialized field, your professional license is the foundation of your livelihood. Unfortunately, a small disagreement with your employer can sometimes lead to them using professional board reports as a tool for punishment. To protect your career, it is important to recognize the signs that a report filed against you may be motivated by retaliation, not real disciplinary concerns.
1. Suspicious timing
Sometimes, the date of the report can demonstrate the intent behind it. Perhaps the filing date was after you submitted your resignation or engaged in a protected activity, such as:
- Filing a workers’ compensation claim
- Reporting sexual harassment
- Blowing the whistle on company malpractice
When the timing aligns with any of these events, it can be easier to prove the filing was in bad faith.
2. An absence of previous internal discipline
Imagine your most recent performance reviews are positive, yet you suddenly hear about your improper conduct in a licensing board report. You can still dispute this complaint if your employer never reprimanded you or issued a Performance Improvement Plan (PIP) prior to it.
3. Disparate employee treatment
When looking over the report, try to see if your peers have committed similar or worse errors but were not penalized like you. It can reflect a bigger problem that your employer has a history of looking the other way when it comes to favored employees.
4. Inaccuracies about your work
Thoroughly reading the report can help you see if it contains information that factually contradicts your performance. Your supervisor directly oversees your work and should know about your achievements. Consistently delivering results when the report says otherwise can be a clear warning sign of bad faith.
Helping you fight back
When facing a retaliatory board complaint, remember that it is an allegation and not the permanent loss of your license. A lawyer can help you find the right legal strategy to challenge the report and protect your career.