[jaemanminard]

Hi! I was wondering what are the penalties if your former boss does not sign off your work experience form KNOWING you met the requirements? Will her license get suspended? What consequences will she face?

“There is a God-shaped vacuum in the heart of every person, and it can never be filled by any created thing. It can only be filled by God, made known through Jesus Christ.” (Blaise Pascal) *Revelation 3:20, Isaiah 53, John 14:6, Ephesians 2:8-10*

[Anonymous]

I don't know of any penalties so to speak, but I do know that if I were you, I would sue them.

You'd have a signed letter within 5 business days. I don't care what their reasons are, taking five minutes to sign the letter doesn't even come close to prospect of sitting in a court for half a day next to a $500/hr lawyer.

If he really wanted to be a jerk and show up, you'd need to meet the “preponderance of the evidence” standard, which means the jury has to believe there is a 51% chance your version of the story is correct. That's a pretty low hurdle to jump. It's very reasonable to assume that you were supposed to get your CPA while employed at a CPA firm.

They're doing it to be a bully. There's only one way to stop someone from being a bully- just hit them back.

[mla1169]

Bill, seriously? Ok lets play devils advocate and say that the OP's version of the story is 100% correct. Based on WHAT would you be suing them? (And good luck finding an attorney to represent). You can't sue somebody just because they didn't help you get your license.

Again its a crummy thing to do but its THEIR license and they're not even remotely obligated to use it to help a candidate get a license.

FAR- 77
AUD -49, 71, 84
REG -56,75!
BEC -75

Massachusetts CPA (non reporting) since 3/12.

[How many letters do you need]

Mla: Unless you are in CA 🙂 See CPA4Bday comment above. For the record I completely agree with it and for states that are different they should adopt something similar. They should have to explain why they don't want to sign off and have it be a damn good reason.

MBA,CMA,CPA, CFF?, ABV?

[impska]

I know in my state, the form asks the supervisor to confirm that the experience actually took place (and the nature of the experience). Then at the very bottom, it asks “Do you know of any reason that the candidate is not fit to be permitted to practice, for moral, ethical or professional reasons (attach a detailed explanation for a “Yes” answer)?”

The form pretty clearly implies that that it's not up to the supervisor to refuse to fill it out or make a decision. That's up to the board, and the supervisor has to communicate his/her reasons for saying you're unfit.

In my state, I strongly suspect that there would be cause for a formal complaint to the Board. Part of being a CPA is abiding by your Board's ethical and professional standards. Refusing to share information about your business and employees in order to block someone from advancing in their career is highly unlikely to go over well.

It also treads a fine line for a defamation lawsuit (given that there are actual damages, and the supervisor is saying something potentially defamatory – ie: that you did not work for him/her, or that you are incompetent), so I don't know why any sane CPA would take this very far.

REG - 94
BEC - 92
FAR - 92
AUD - 99

[mla1169]

I'd like to know if any penalties have actually ever been enforced for refusal. According to their section 69 they're just asked to provide a reason in writing. Somebody scummy enough to refuse to sign their name but willing to take the time to write the letter can certainly craft some “legitimate” looking reason, sadly. I'd like to know what comes of the complaint process in CA in either case.

FAR- 77
AUD -49, 71, 84
REG -56,75!
BEC -75

Massachusetts CPA (non reporting) since 3/12.

[h0wdyus]

How about filing a complaint with AICPA Professional Ethics Division. No harm filing a complaint.

https://www.aicpa.org/InterestAreas/ProfessionalEthics/Resources/EthicsEnforcement/Pages/howto.aspx

FAR - 81 29th Aug 2013
AUD - 84
REG - 82
BEC - 89 29th Aug 2014
Using Yager

FROM NJ

[Anonymous]

I agree with filling a complaint to the AICPA. It might not be a CPA's responsibility to “help” you get a license, but if you put the hours in, then you put the hours in. Period. If the State Board doesn't require they attest to your competency, just that you completed the hours, then it's a matter of ethics. In that case, I can't see the State Board taking kindly to someone bamboozling you if you were an employee in good standing and have evidence that you have completed the required time.

Did you work with anyone else that was a CPA during that time? I'm pretty sure in PA, it doesn't have to be your partner/supervisor that signs off, just anyone with an active license that you worked with that can attest to the fact that you completed the hours. Maybe it's the same in your state.

[Anonymous]

mla-

The purpose of the lawsuit would be to induce them to sign the document, not to squeeze money out of them. While I work in litigation and these types of situations pay for my mortgage, I don't believe in just suing someone for money.

I have to respectfully disagree with you about it being difficult to find an attorney. There are entirely too many lawyers in the US, finding one would be no problem. I could find a lawyer, albeit an unemployed one, to wash my car.

I also have to respectfully disagree that you wouldn't have standing to sue. It's a scarily low hurdle to clear to have standing in court. As far as having standing, I could think of a couple of grounds of the top of my head:

1) One could argue that the CPA's actions (or inaction in this example) has led to lost wages or diminished earning capacity due to the employer not signing. This avenue would sue for monetary damages, with the ultimate goal to be to push to settle for a signature.

2) The CPA breached the terms of the employment contract, or through tortious interference with the employment contract. e.g. Employee is expected to get CPA (either express or implied), and otherwise fulfills the terms of their employment by being a good employee and playing by the rules (generally spelled out in the employee handbook or an actual employment contract); however, is denied the experience reference. This avenue would compel specific performance, in this case a signature.

While I agree that it's the CPA's license, I completely disagree that he or she can just not sign it because its “their license”. It's the state board's responsibility to determine who may be a CPA, not a supervisor. The CPA isn't attesting to their intelligence, or the quality of their work, but merely that they did the qualifying work. The 150 credit rule aside, I think we can all agree that the tests do a pretty good job a screening out anyone that doesn't posses the shall we say, mental facilities or the dedication to the profession.

Also, I should clarify that I'm not proposing that if one is in this situation, that they should just fly off the handle and sue the CPA. I'm merely saying that it is an option that should be explored if all other avenues prove unsatisfactory.

[How many letters do you need]

Very well said Bill!

MBA,CMA,CPA, CFF?, ABV?

[Anonymous]

@HowManyLetters – I completely understand where you are coming from and since I'm in a very small office, I would make sure the candidate got the appropriate and adequate training, just like my former boss did for me. If I worked in a huge office with tons of people, then I'd say, I would be selective about who I recommended to the State Board for licensing. If they knew their stuff, I would never refuse to sign just to be a jerk, totally not my style. I'm all about people helping each other out.

[Author]

Replies