Professional License Lawyer in North Carolina

Do Licensing Boards and Agencies Treat Complaints by Former Employers Differently?

Do Licensing Boards and Agencies Treat Complaints by Former Employers Differently?

Today, we’re going to answer the question: Do state agencies and licensing boards treat complaints made by employers against employees differently? The short answer to that question is no. The reason being is all the boards and state agencies have an obligation to fully investigate every complaint against a licensee. So there is very established case law in North Carolina that requires all these agencies and boards to investigate all complaints. Failure to do so can result in a dismissal by either an Office of Administrative Hearings or a dismissal by the board itself, and then if it’s not, it will likely be appealed and likely be dismissed after an appeal.
So that’s why, that’s part of the reason why they’re going to investigate all the complaints fully. The other reason being is they just, it’s best practice to not assume that an employer is correct, or assume that an employer is just filing a complaint due to spoiled milk or sour grapes, or anything else that goes bad. So they want to do their due diligence. They want to go through the whole process. Typically, these boards and state agencies will have in their administrative code or their general statutes, a process, an investigative process. When a complaint is filed, every once in a while you run across one that’s usually a smaller board or a smaller state agency that doesn’t have a well-defined process for investigations from a complaint, but most of them have a pretty well-defined process and that they will definitely follow.
So that’s the reason that they will investigate fully the complaints by an employer. They’re not going to give more deference to an employer. They’re not going to give less credibility to an employer as well. I’ll be honest with you, I have noticed that sometimes when you’re dealing with a large medical entity like a hospital or something along those lines, there seems to be, and this is just my experience, there seems to be a little bit biased with some boards, and that can be frustrating. But at the end of the day, once you’re able to actually review the documentation, submit it by, let’s just say a hospital entity as a complainant, you get a much better understanding of what’s going on and why the complaint was filed, and the potential legitimacy or illegitimacy of the complaint. That happens probably a little bit more than I would like to actually see.

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