Baton Rouge, LA (PRWEB) October 25, 2012
According to the case, First Choice Medical Staffing of Louisiana, Inc. vs. State of Louisiana thru Louisiana Workforce Commission, Office of Employment Security, Docket Number 580,502; First Choice Medical Staffing won a major victory in its three year legal battle with the Louisiana Workforce Commission.
On February 13, 2012 the 19th Judicial District Court of East Baton Rouge Parish ruled that First Choice Medical Staffing was correct in its assertion that nurses can work as independent contractors placed by a staffing agency in medical facilities. Jacob Fusilier, lead attorney for the company, stated that " Brett McElwee and Daniel Fusilier, owners of First Choice, were advised by legal and tax professionals to pursue this business model when opening their company back in 2004."
Fusilier also stated that " the Louisiana Workforce Commission, despite case law to contrary, tried to bully and force his clients into changing their business model and pay exorbitant fees and penalties to the Commission."
According to Fusilier," the issues in these lawsuits are related to his client's business practice of placing independent, professional nurses to staff hospitals and nursing homes. The Louisiana Workforce Commission lost a lawsuit addressing the same issues recently; Contract Management Services, Inc. of Texas v. State of Louisiana, Department of Labor, Office of Employment Security, 1998-2010 (La. App. 1 Cir. 11/5/99), 754 So.2d 194. First Choice's legal position from the beginning was that this case had decided independent contractor law on this issue." Fusilier went on to state that " his clients acted in accordance with the law regarding independent contractors. Despite testimony from witnesses supporting his client's arguments and version of the facts, the Commission insisted that his clients still owed civil penalties and his clients then undertook their legal right to an appeal. The Commission ignored the law and tried to force First Choice Medical Staffing to follow the decisions of its non-certified auditors and their interpretation of the law despite clear rulings to the contrary."
Fusilier finished by saying "after a full hearing on the merits, First Choice Medical Staffing has been exonerated by the 19th Judicial District Court and their business model completely vindicated by the Court's decision."