Can I sue my employer for negligence if they knowingly allowed me to work after my licence had elapsed and didn’t inform me?
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Can I sue my employer for negligence if they knowingly allowed me to work after my licence had elapsed and didn’t inform me?
I am a RN. I was supposed to renew my license at the end of last month. I thought that I had paid, but apparently I did not. I failed to verify my license renewal had taken place. 4 days ago was the first day I was scheduled to work since the renewal date had passed. My employer was aware that my license had lapsed but allowed me to work anyway. Therefore, I practiced without a license. I have emails from my employer stating they knew my license had lapsed. Can I file a lawsuit against my employer for negligence?
Asked on September 6, 2011 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You negligently failed to renew your license, but you want to sue your employer because they let you work when you were at fault? The law does not work that way. A person who has done something wrong, either intentionally or negligntly, cannot profit by his or her misdeed. If someone else--like a patient--were injured by you practicing without a license, that person might be able to sue your employer for its negligence in employing you; but you may not. In addition, anyone, in any cause of action, may generally only sustain a lawsuit to the extent there has been some injury or loss; you have not described any loss the law can compensate a person for.
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