I heard from a resident of somebody who matched to begin a residency program and that this person was allowed admittance to another program outside the match. However, when the person decided to pursue the latter program, the director of the program he matched into would not release him from the contract and he had no choice but to comply. Now can the program director "force" a someone to stay by not releasing him/her from the match contract and, if so, does this happen?
Has anyone heard of this happening?
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Sure. When you (used here not to specifically apply to you, but rather any applicant) apply for the NRMP you are signing a legal, binding contract in which you agree to abide by the rules and regulations of the NRMP and to accept a contract offered within the match.
To be released from a contract, BOTH parties must agree to do so. Since the residency program has a binding contract with you they are well within their rights to not release the resident in question, especially if the reason is to take another position elsewhere.
Every year residents try and break their contracts after the match, usually upon seeing that there are Unfilled Programs which are either more prestigious or fit their needs better. Because this is considered a violation of the match and its contract, this is a MAJOR reason why the NRMP tells you not to rank any program at which you would not be happy at. If you match to that program you are obligated to do your residency there.
The extent to which a resident is pursued over breaking a contract is not known to me. The NRMP does say that if you do not accept a contract offered during the match then you are ineligible to accept another one until the following year. Whether or not this is enforced is not known. I'm sure it depends on the programs involved and their desire to pursue the matter.
Sorry I'm so long winded on this matter; it happens to be one of my major pet peeves. Applicants cry about how unfair the match is to them yet how would they feel if the programs were able to just dump candidates they really didn't want (but had matched to)? For the process to work, BOTH sides must adhere to the policies set forth in the application - applicants must accept any position offered to them and programs must accept applicants matched to them.
For details on the legal ramifications, you/your friend should seem legal counsel.
Because this is a topic for the Residency and Rotations Forum, I shall move it there for you.
To be released from a contract, BOTH parties must agree to do so. Since the residency program has a binding contract with you they are well within their rights to not release the resident in question, especially if the reason is to take another position elsewhere.
Every year residents try and break their contracts after the match, usually upon seeing that there are Unfilled Programs which are either more prestigious or fit their needs better. Because this is considered a violation of the match and its contract, this is a MAJOR reason why the NRMP tells you not to rank any program at which you would not be happy at. If you match to that program you are obligated to do your residency there.
The extent to which a resident is pursued over breaking a contract is not known to me. The NRMP does say that if you do not accept a contract offered during the match then you are ineligible to accept another one until the following year. Whether or not this is enforced is not known. I'm sure it depends on the programs involved and their desire to pursue the matter.
Sorry I'm so long winded on this matter; it happens to be one of my major pet peeves. Applicants cry about how unfair the match is to them yet how would they feel if the programs were able to just dump candidates they really didn't want (but had matched to)? For the process to work, BOTH sides must adhere to the policies set forth in the application - applicants must accept any position offered to them and programs must accept applicants matched to them.
For details on the legal ramifications, you/your friend should seem legal counsel.
Because this is a topic for the Residency and Rotations Forum, I shall move it there for you.
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You said it Kimberli! I wish none of the programs would allow people to break their contract. A few years of that no one would think they could get away with it. The applicant already has the upper hand in the match, the programs deserve some respect.
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I would not be suprised that programs DO release applicants from their NRMP contracts. After, all PDs don't want unhappy applicants and if they can easily fill that spot with someone else, why not let the original matched physician go? A competitive program or one with lots of post-match applications would surely rather let someone unahppy go than force them to stay.
But I am sure you can see the trouble it causes programs which cannot so easily attract additional applicants to the spot. The loss of a resident can mean more work for the existing team and probably means more paperwork and headaches for the department.
Is it a legal issue? Sure and I'm sure some programs have considered suing applicants who break their contract. A MedLine search might yield some articles on the subject.
If I were the unfortunate resident who wanted to leave a program and was denied, you can bet I'd be worried that my residency was gonna be a bit unpleasant, given lingering nasty feelings.
I agree with GP - I'd like to see programs be more circumspect about letting applicants break their contract. Perhaps the NRMP should consider releasing Unfilled Program nformation only to those who didn't match (not that it wouldn't get out) - or actually enforcing the rules they've set about not accepting another position if you've matched.
But I am sure you can see the trouble it causes programs which cannot so easily attract additional applicants to the spot. The loss of a resident can mean more work for the existing team and probably means more paperwork and headaches for the department.
Is it a legal issue? Sure and I'm sure some programs have considered suing applicants who break their contract. A MedLine search might yield some articles on the subject.
If I were the unfortunate resident who wanted to leave a program and was denied, you can bet I'd be worried that my residency was gonna be a bit unpleasant, given lingering nasty feelings.
I agree with GP - I'd like to see programs be more circumspect about letting applicants break their contract. Perhaps the NRMP should consider releasing Unfilled Program nformation only to those who didn't match (not that it wouldn't get out) - or actually enforcing the rules they've set about not accepting another position if you've matched.
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I have actually seen this happen at my school. The applicant claimed to be in the middle of a personal crisis & unable to start an internship -- he was released. Actually, he had already signed a contract under the table with another program -- the other program knew about his shenanigans, but he was academically outstanding. He was close to some of the attendings at that program, and the "old boy network" sort of just protected him.
I have mixed feelings about the above story. I don't like to see people behaving in an unethical manner. However, I do feel that if an applicant wants out, the programs should let him/her leave, and it should not be necessary to make up stories. To be sure, there should be some penalty (perhaps a very stiff 4-figure financial penalty to compensate the program in addition to sitting a year out).
Applicants were given the upper hand in the NRMP algorhythm because for years residency programs abused their privileged status. They lied to candidates about their potential rank list placement, tried to twist their arms into signing contracts on the spot, discriminated against female candidates, etc.
Residency programs STILL try to pull some of those same stunts. I can't even tell you how many times I was asked re. my marital status, whether I had children, how I was going to rank the program; I got phone calls from chief residents asking me to commit verbally to them; I would get calls from other programs saying they heard I was extremely interested in the other program, etc. Friends of mine got emails, phone calls, letters from programs that didn't even rank them high enough to match. Many of these activities are against NRMP regulations (hey, it's not just candidates that break the rules). I am GLAD, GLAD, GLAD applicants finally have some leverage.
I followed the rules (and did not rank any places I didn't want to go to), and I was lucky -- my top choice for prelim and categorical (and I matched them both) never lied to me, led me on, asked discriminatory questions, or coerced me.
My friends all (except one) followed the rules -- and some of them were shafted in a big way. Tough break, huh?
Another one of my friends shafted a surgical program to attend a better one elsewhere; initially, I was disappointed she did this. On the other hand, we are talking about her life -- I am glad she will be somewhere she will be happy. As for the program she ditched, they'll find someone just as good and move on.
Just my thoughts
ana
I have mixed feelings about the above story. I don't like to see people behaving in an unethical manner. However, I do feel that if an applicant wants out, the programs should let him/her leave, and it should not be necessary to make up stories. To be sure, there should be some penalty (perhaps a very stiff 4-figure financial penalty to compensate the program in addition to sitting a year out).
Applicants were given the upper hand in the NRMP algorhythm because for years residency programs abused their privileged status. They lied to candidates about their potential rank list placement, tried to twist their arms into signing contracts on the spot, discriminated against female candidates, etc.
Residency programs STILL try to pull some of those same stunts. I can't even tell you how many times I was asked re. my marital status, whether I had children, how I was going to rank the program; I got phone calls from chief residents asking me to commit verbally to them; I would get calls from other programs saying they heard I was extremely interested in the other program, etc. Friends of mine got emails, phone calls, letters from programs that didn't even rank them high enough to match. Many of these activities are against NRMP regulations (hey, it's not just candidates that break the rules). I am GLAD, GLAD, GLAD
applicants finally have some leverage.I followed the rules (and did not rank any places I didn't want to go to), and I was lucky -- my top choice for prelim and categorical (and I matched them both) never lied to me, led me on, asked discriminatory questions, or coerced me.
My friends all (except one) followed the rules -- and some of them were shafted in a big way. Tough break, huh?
Another one of my friends shafted a surgical program to attend a better one elsewhere; initially, I was disappointed she did this. On the other hand, we are talking about her life -- I am glad she will be somewhere she will be happy. As for the program she ditched, they'll find someone just as good and move on.
Just my thoughts
ana
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