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."