how bad is breaking a contract

[NEMC]

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My husband signed up an out of match contract with A program, has not started and now he has been offered B program. I know it is not good after you sign the contract and leave, but B program gives us chances to be close to each other. He decided to be honest and telling A program, how bad will that go? ANy ideas?

 

[NotAProgDirector]

Since the contract was outside the match, it's not a match violation.

There are very few legal issues, as there really isn't anything the program can sue you for.

If he has an H visa, his first employer might be able to cancel the visa (rather than transfer it) which could have a negative impact on your future together.

It will clearly make his current program upset, which might cause problems in the future (esp if you wanted to practice in that area).

Best option would seem to be open and up front with the PD now, and see what happens. However, I admit that I tend to be supportive of these sorts of problems, and others are not. Remember that someone else did not get a spot in your husband's current program because of his contract, so canceling now has some professional and ethical cost. Still, my personal opinion is that you need to do the best thing for you as long as you give them reasonable notice.

 

[LADoc00]

Even if it was IN match, is there really a basis for a lawsuit? Maybe a "nuissance" suit but nothing more really. The program would have to prove that they suffered material damages from the breach AND they attempted to mitigate those damages by trying to find another applicant and couldnt. In reality, you can almost always find a sucker to fill a residency slot even if they are FMG.
Then there is the whole issue of "At Will" employment in most states. Then throw in the illegality of covenant agreements in Caifornia and if a PD decided to blackball you for not showing up to the program, you could actually SUE THEM and win big for anti-competitive business practices. There would be almost no limit on those too, programs could stand to lose millions while they could only dream of recovering 30-40K for winning against a resident who terminated the contract...they wouldnt even break even on attorney's fee if a firm was actually dumb enough to take a residency program's case, hahahaha.

I didnt even attend law school and could try that case with ease.

Hell, you WANT PD's to blackball you for that. You want to get it on record, in writing! Let those fools dig a legal grave for themselves and then bring in attack dogs to collect your early retirement check. I would almost GUARANTEE hospitals would settle that before trial, probably in the 100,000s.


Anyway, food for thought.

 

[NEMC]

Since the contract was outside the match, it's not a match violation.

There are very few legal issues, as there really isn't anything the program can sue you for.

If he has an H visa, his first employer might be able to cancel the visa (rather than transfer it) which could have a negative impact on your future together.

It will clearly make his current program upset, which might cause problems in the future (esp if you wanted to practice in that area).

Best option would seem to be open and up front with the PD now, and see what happens. However, I admit that I tend to be supportive of these sorts of problems, and others are not. Remember that someone else did not get a spot in your husband's current program because of his contract, so canceling now has some professional and ethical cost. Still, my personal opinion is that you need to do the best thing for you as long as you give them reasonable notice.

Thank you guys for the thougths. Seriously he has not started yet and A program really nice to my husband. I have seen in my program that even in the middle of the year interns leaving for better position or so. At least there is still more than 1 month before starting and they will find another person, I hope. And it is in big city... Have you guys really heard programs sueing this resident? I have never heard..

 

[DOgator]

There would be a legal consquence to breaking your contract (ie. not showing up)? I thought we were not allowed to practice for the rest of that year at any other residency program. (Or is this just an osteopathic thing?)😕