Civil/Commercial Litigation (Lawsuits)/Michigan Board of Nursing

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Question
Daughter reported workplace to state.  She's an RN.  Was fired. Michigan requires all firings be reported to Board of Nursing.  Letter informing her of being fired stated reason as incompetent. She had told the Assistant that she was not coming back from suspension but not formally quit and then fired. My question is this:  Will the BON take action against her license?  How long does it usually take for them to decide what is going on?  Should she get a lawyer now or wait until, or if, she hears from the state board?  When she called nursing lawyers they said she needed someone that does labor, not nursing.  Advice appreciated.

Answer
Hello Victoria,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

I do not practice in your state so I cannot comment on local rules or laws.  Further, I don't have any way to predict for you what actions a board or other entity may elect to take in future.

Accordingly, I suggest that you and your daughter immediately get an attorney licensed in your state to advise you on this situation.  Regardless of future action by regulating authorities, your daughter may have a defamation claim against her former employer if the termination letter contains false information.  Your attorney will advise you about the elements of defamation and any other pertinent causes of action that may be available.  Finally, I concur with the opinion that an attorney with experience with labor related cases would be a good choice.

I hope this helps, good luck to you and your family.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
http://smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law

Civil/Commercial Litigation (Lawsuits)

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Morgan Smith

Expertise

Civil litigation (contract claims, landlord-tenant actions, forfeiture suits, residential construction defect matters), Family law (divorce, custody modifications, child support modifications, and pre-nuptial agreement), new business start-ups, civil forfeiture, asset forfeiture. Please do not submit your question as Private. It is my policy not to answer Private questions from members of the public here on AllExperts; I reserve that function to my private clients. Although AllExperts permits me to change your questions from Private to Public, it is my policy not to do that. I encourage you to resubmit your question as a public question. Your public question has the potential to help others with similar concerns. I suggest that you use a pretend name and otherwise alter sensitive facts that make you inclined to treat your question as Private, and submit your question to me Publicly.

Experience

I've been practicing law in the State of Minnesota since 1995. I've worked in skyscraper firms, and now my own small firm in Minneapolis. Past answers from my earlier participation on AllExperts is posted at: http://en.allexperts.com/q/Civil-Commercial-Litigation-911/indexExp_80217.htm

Publications
AllExperts, Yahoo Answers, http://smith-and-raver-llp.biz/News.html

Education/Credentials
J.D. William Mitchell College of Law, St Paul, MN

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