Do You Have to Tell Your Employer About a Licensing Board Complaint?

After receiving a licensing board complaint, one of the most anxiety-producing questions is whether you need to tell your employer. The answer depends on your employment contract, your employer's policies, and sometimes state law.

Key Takeaways

• Whether you must disclose depends on your employment contract, employer policies, and state law
• Many employment contracts require disclosure of board complaints
• Proactive disclosure is often better than having your employer find out later
• How you communicate the information matters significantly
• The complaint does not necessarily mean your employer will take adverse action

When Disclosure Is Required

Employment Contract

Review your employment agreement for provisions requiring you to:

• Report any legal or regulatory proceedings
• Disclose licensing board complaints or investigations
• Notify the employer of any threat to your professional license

If your contract requires disclosure, failing to report can itself be grounds for disciplinary action by your employer.

Employer Policies

Many employers, particularly in healthcare and regulated industries, have policies requiring:

• Immediate notification of board complaints
• Ongoing reporting during investigations
• Disclosure of investigation outcomes

State Law

Some states require professionals to notify their employer of board actions. This is more common in healthcare and education.

Credentialing Requirements

If you practice at a hospital, health system, or similar institution, credentialing agreements may require disclosure.

When Disclosure May Be Optional

If none of the above apply, disclosure may be your choice. Consider:

• The seriousness of the complaint: Minor complaints that are likely to be dismissed may not warrant disclosure
• The likelihood of discovery: In small professional communities, word may travel
• Your relationship with your employer: A supportive employer may be an asset
• The potential impact on your work: If the complaint could affect your job performance, disclosure may be appropriate

If Your Employer Is the Complainant

Telling your employer about an existing board complaint is different from responding when your employer filed the complaint. If your employer is the complainant, they already know about the matter, and the questions shift to how you answer the allegations and whether any separate employment issues need attention. Keep the two tracks distinct: answer the board factually, and handle workplace concerns through the proper employment channels. See what to do if you receive a licensing board complaint, and for a current example of how workplace disputes and licensing complaints can overlap, read our coverage of the Rogers Behavioral Health NLRB case.

How to Have the Conversation

If you decide to (or must) disclose:

1. Be factual: Describe the situation calmly and accurately
2. Do not over-share: Provide the essential information without unnecessary detail
3. Show accountability: Demonstrate that you are taking the matter seriously
4. Describe your plan: Explain what steps you are taking to respond
5. Be professional: This is a business conversation, not a confession
6. Put it in writing: Follow up with a brief written summary of what you disclosed

Common Mistakes to Avoid

• Hiding a complaint when disclosure is required: This can result in termination for dishonesty, which is often worse than the complaint itself
• Over-sharing: You do not need to share every detail or your emotional reaction
• Being defensive: Present the information professionally
• Waiting too long: If disclosure is required, do it promptly

Frequently Asked Questions

Can my employer fire me for receiving a board complaint? In most states, employers can take adverse action based on a board complaint, but many wait for the outcome before making employment decisions.

Should I tell my coworkers? Generally, no. Keep the matter confidential and discuss only with those who need to know.

What if my employer is the one who filed the complaint? This is a more complex situation. Your employer already knows about the complaint, and you should focus on your response to the board.

Can I be placed on administrative leave? Yes, some employers may place you on leave during an investigation. This is a protective measure for both parties.

Will my employer support my defense? Some employers provide support, while others take a more neutral position. This varies widely.

How BoardWise Can Help

BoardWise helps you organize your response and prepare your materials so you can approach both the board process and conversations with your employer with clarity and confidence.

Get Guidance On Your Situation to begin protecting your license and organizing your response.

*BoardWise provides educational information and drafting assistance for license defense. We are not a law firm and do not provide legal advice.*