Facts: Our client, APP, hired us to defend him against a complaint filed with the Board by a former employer alleging he had violated minimum professional standards as in his physical therapy practice by logging a treatment session during a period that was inaccurate. The invalid complaint threatened harm to APP’s professional reputation, his ability to obtain future work from clients, potential disciplinary action from the Board and a negative impact on his livelihood. All this came from a complaint by an unreasonable employer who had software limitations preventing our client from logging the treatment session during the correct time. Instead of not recording the legitimate session that took place, APP logged it during an earlier period that same day, so the records of the treatment were there and planned to speak with his supervisor about how to better remedy the unusual situation. Before that could happen later in the day though the employer fired APP and filed the complaint with the Council.
Outcome: The Firm evaluated the client’s case and collected documentation necessary to fight back against the illegitimate complaint. We prepared a written response demonstrating the Board lacked legal authority to bring these types of allegations against APP and pointing out it was unjust to discipline him considering the software limitations beyond his control. We advocated aggressively on the client’s behalf to demonstrate that the complaint had no legitimacy and needed to be dismissed for both legal and equitable reasons. We attended an informal conference with the client to advocate to Board members why they needed to close the complaint. When the Board still wanted to seek discipline, we continued to talk with the staff and convinced the staff to recommend dismissing the case and take no disciplinary action. Ultimately the Board agreed to dismiss our client’s complaint in full and took no action against APP’s license, leaving his professional reputation and livelihood unblemished.
