breach of contract?

Started by biochic76
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biochic76

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I'm a PGY1 pharmacy resident who moved across 3 states with my husband and young child for this residency program that I thought would be a great fit - but now several of us residents in the program are quite angry to hear that they have decided to change the terms of our contract with regards to staffing expectations (without notifying us until we were at least a month into the residency). Our contract specifically stipulated that we would work a weekend and holiday schedule as discussed during the interview...yet they are now requiring us to work an additional 124+ hours over the next 10 months (on top of what was already stipulated in our congtract). (And yes, all of us were told the same thing at the interview in terms of staffing expectations and we have even spoken to last year's resident about this and he can verify that this is what we were told and what they did last year.) The funny thing is, there are more residents this year than last...yet we are working a ton more...go figure! (And they tell us it'll "be better next year when we have another resident"...)

I do understand the importance of staffing and we've spend the first two months doing nothing but that. I specifically ranked this program because it would allow me more time with my family and these staffing changes are a big deal to me. The problem is, we feel stuck. And we feel like we're being taken advantage of and like this isn't what we signed up for. It's one thing if you know what you're signing up for from the very beginning, but a very different thing to have these changes thrown at you after you've sold a house, moved across 3 states with your family, your husband left his job to come with, etc.

My question is this - have any other residents dealt with this sort of thing? What would you do? We may be "just residents," but we are still employees and have the same rights as any other employee. Any advice?
 
I noticed that more and more residencies require their residents to staff more hours. When I started pharmacy school three years ago, most residencies in my area required to staff every third weekend. Now most of these hospitals require to staff every other weekend. That's a big shift! I still want to complete a residency, but I do feel that working conditions are getting worse and residents are just becoming cheap labor for the sites. All residency sites have seen an upsurge in number of applicants, and they think that they can dictate the working conditions since there are over 60 applicants for each.

Unfortunately, I cannot give any advice since I am still a student. But I really feel for your situation.
 
Coming from a program that liked to change the rules daily... there isn't much you can do and you are kind of stuck. Many programs are beefing up staffing requirements because they are cutting FTEs. Do you have a copy of the contract? You might be able to meet with an HR representative if your contract clearly lays out the terms of staffing. My guess is that it does not and verbal agreements don't always hold up.

There are really only 2 options...

1. Suck it up and complete the program. You can try talking to your program director about the changes. Maybe if you approached them as a group it might help. In my experience, this probably won't change anything.

2. Quit. I wouldn't recommend this route at all.

It is an unfortunate situation because there isn't a lot you can do. As a resident you have to go with what the program wants. I wish I could offer better advice.
 
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I'm a PGY1 pharmacy resident who moved across 3 states with my husband and young child for this residency program that I thought would be a great fit - but now several of us residents in the program are quite angry to hear that they have decided to change the terms of our contract with regards to staffing expectations (without notifying us until we were at least a month into the residency). Our contract specifically stipulated that we would work a weekend and holiday schedule as discussed during the interview...yet they are now requiring us to work an additional 124+ hours over the next 10 months (on top of what was already stipulated in our congtract). (And yes, all of us were told the same thing at the interview in terms of staffing expectations and we have even spoken to last year's resident about this and he can verify that this is what we were told and what they did last year.) The funny thing is, there are more residents this year than last...yet we are working a ton more...go figure! (And they tell us it'll "be better next year when we have another resident"...)

I do understand the importance of staffing and we've spend the first two months doing nothing but that. I specifically ranked this program because it would allow me more time with my family and these staffing changes are a big deal to me. The problem is, we feel stuck. And we feel like we're being taken advantage of and like this isn't what we signed up for. It's one thing if you know what you're signing up for from the very beginning, but a very different thing to have these changes thrown at you after you've sold a house, moved across 3 states with your family, your husband left his job to come with, etc.

My question is this - have any other residents dealt with this sort of thing? What would you do? We may be "just residents," but we are still employees and have the same rights as any other employee. Any advice?


You should probably ask a lawyer. Most likely consequences is that you will be treated horribly, with bad hours and what not.
 
Coming from a program that liked to change the rules daily... there isn't much you can do and you are kind of stuck. Many programs are beefing up staffing requirements because they are cutting FTEs. Do you have a copy of the contract? You might be able to meet with an HR representative if your contract clearly lays out the terms of staffing. My guess is that it does not and verbal agreements don't always hold up.

There are really only 2 options...

1. Suck it up and complete the program. You can try talking to your program director about the changes. Maybe if you approached them as a group it might help. In my experience, this probably won't change anything.

2. Quit. I wouldn't recommend this route at all.

It is an unfortunate situation because there isn't a lot you can do. As a resident you have to go with what the program wants. I wish I could offer better advice.
I have to agree with this. It sucks that the program isn't what they said it would be (and believe me, I know how that feels), but beyond talking to the director, you really don't have many options. I do not recommend talking to a lawyer; that is a great way to get yourself branded as a crybaby.

That probably isn't what you wanted to hear, but that's the best advice I can give you. Sorry.
 
Did you try looking at the ASHP website? They may have information regarding the contract change. I am sorry to hear that you are dealing with this issue I wish you the best of luck.
 
Is your residency ASHP accredited? If so, definitely look on ASHP's website. I believe there is some information about how to file a formal complaint if your program isn't handling things appropriately. If all of the residents feel the same way you do I would definitely try this route. Good luck!
 
This doesn't make sense. You signed a certain contract. Did you sign the new contract/stipulations/addendum? If not you are still under the old contract. Doesn't seem like they can legally just change a contract that you already signed. Go to HR or look in the policy manual to see how this is handled. A signed contract is a contract that the organization need to legally uphold.
 
I'm a PGY1 pharmacy resident who moved across 3 states with my husband and young child for this residency program that I thought would be a great fit - but now several of us residents in the program are quite angry to hear that they have decided to change the terms of our contract with regards to staffing expectations (without notifying us until we were at least a month into the residency). Our contract specifically stipulated that we would work a weekend and holiday schedule as discussed during the interview...yet they are now requiring us to work an additional 124+ hours over the next 10 months (on top of what was already stipulated in our congtract). (And yes, all of us were told the same thing at the interview in terms of staffing expectations and we have even spoken to last year's resident about this and he can verify that this is what we were told and what they did last year.) The funny thing is, there are more residents this year than last...yet we are working a ton more...go figure! (And they tell us it'll "be better next year when we have another resident"...)

I do understand the importance of staffing and we've spend the first two months doing nothing but that. I specifically ranked this program because it would allow me more time with my family and these staffing changes are a big deal to me. The problem is, we feel stuck. And we feel like we're being taken advantage of and like this isn't what we signed up for. It's one thing if you know what you're signing up for from the very beginning, but a very different thing to have these changes thrown at you after you've sold a house, moved across 3 states with your family, your husband left his job to come with, etc.

My question is this - have any other residents dealt with this sort of thing? What would you do? We may be "just residents," but we are still employees and have the same rights as any other employee. Any advice?


Employees have rights?

But seriously I am sorry to hear about your situation. I am not sure there is anything you can do about it, but I hope it improves.