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Lombardi Law Firm

Expired Nursing License Not Necessarily Misconduct


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12/26/2016
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Many jobs depend on the employee to hold an active and valid nursing license.  It is the employee/nurse's responsibility to renew their license when necessary.  Sometimes, an employee/nurse may fail to timely renew their nursing license, leading to termination from their employment.  Most often, these employees either simply forgot to renew, failed to realize the correct renewal date, or had an extreme life event that prevented them from renewing or remembering to renew when the time came to do so.  As long as the failure to renew the nursing license was not intentional or done knowingly, it is unlikely that the employer can establish the employee engaged in misconduct to make the employee ineligible for unemployment benefits.  The burden is always on the employer to prove misconduct when it is the alleged basis for a termination; where the failure to renew was due to negligence, oversight, or human error, there is a fair argument against the allegation of misconduct.

Call us today if you have been terminated due to an expired nursing license and are seeking unemployment benefits.



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