Legal issues with contract

Started by ronin8
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ronin8

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just had a general question, is it common for those of you who have transferred programs to be required to resign your current spot before your PD writes you a letter of rec to apply somewhere else?

program directors please also chime in!
 
Had several friends that wanted to transfer and was honest with the current PD who wrote them a letter. This person wanted to go from FP to ER. He wrote her a letter and she did not match but still has her current position.
 
docB said:
Yeah. That sounds a little fishy. Obviously if you resign before you get a letter you could wind up not getting the new position and be out in the cold. Did your PD give any reason for this?
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he said it would be hard to find someone to fill my position (anes). but right afterwards i found out they filled my spot with a current resident's wife, and then made another spot for someone else in the hospital. i was not notified of either. i had expressed not wanting to leave just wanted to check out another place (which another attending had told me would be alright, i could keep my spot and look)

i don't think that's a valid reason, being that you can tell a program 2 months before the end of the year if you stay or leave. i was performing just fine as well, with good evals all year. this was beginning of march
 
ronin8 said:
he said it would be hard to find someone to fill my position (anes). but right afterwards i found out they filled my spot with a current resident's wife, and then made another spot for someone else in the hospital. i was not notified of either. i had expressed not wanting to leave just wanted to check out another place (which another attending had told me would be alright, i could keep my spot and look)
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Just curious:

So you actually resigned and are out in the cold? Or they terminated you and filled your spot?
 
ronin8 said:
he said it would be hard to find someone to fill my position (anes). but right afterwards i found out they filled my spot with a current resident's wife, and then made another spot for someone else in the hospital. i was not notified of either. i had expressed not wanting to leave just wanted to check out another place (which another attending had told me would be alright, i could keep my spot and look)

i don't think that's a valid reason, being that you can tell a program 2 months before the end of the year if you stay or leave. i was performing just fine as well, with good evals all year. this was beginning of march
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I agree with docB, and even more so now.

Sounds like your program basically wanted you to resign (perhaps because they were a bit peeved after you said you wanted to "check out another place") so they weren't in not water by offering your position to someone else without notifying you that they would not be renewing your contract.

Programs are generally required to give you 90 days notice (ie, by April 1) whether or not they are renewing your contract; residents are required to do the same (its not 60 days unless your program has a different requirement).

Have you officially signed a contract with the other program?
 
Sad story, ronin8. But...

http://forums.studentdoctor.net/showpost.php?p=4794158&postcount=1

What should I do? I really want to go to this new place (a friend will be there) but if I tell my current director I will lose my spot and if I don't make it in the other program I'm screwed.

At the end of the day, it seems like you were well aware of the risks you were taking by resigning your current position. You can rightfully complain that the PD wasn't exactly looking out for your best interests, but there doesn't seem to be any kind of recourse here.

No one out there's going to watch out for your interests except yourself. Best of luck in any case.
 
Tired said:
Just curious:

So you actually resigned and are out in the cold? Or they terminated you and filled your spot?
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thanks for the replies. yes, i resigned and am out in the cold. i can't think of any other job that would pull this kind of crap on you. yes, i did sign the letter by my own hand, but his reason was not valid and i felt coerced at the time. anyway it's all BS and i know something was going on, especially since originally it was okay i could keep my spot, then 2 days later they tell me the opposite
 
Bertelman said:
That is laugh-out-loud funny. Couldn't find someone to take a gas spot. :laugh:
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yeah no kidding. but i couldn't argue with him about it, if i antagonized him in any way wouldn't it affect the letter i potentially needed from him? it was a no-win situation.
 
ronin8 said:
thanks for the replies. yes, i resigned and am out in the cold. i can't think of any other job that would pull this kind of crap on you. yes, i did sign the letter by my own hand, but his reason was not valid and i felt coerced at the time. anyway it's all BS and i know something was going on, especially since originally it was okay i could keep my spot, then 2 days later they tell me the opposite
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That really sucks. So sorry it happened to you.
 
why should they let you keep your job that you did not want? i feel its in the program's best interest to keep those who want to be at that programm...

sorry to hear about your bad luck
 
If you felt you were coerced into signing a resignation and also told before signing that you could keep your position if you didn't match elsewhere, but then they changed their mind, you may have legal recourse.

I would suggest contacting an attorney or the very least your GME office to see your program's policies on discrimination. While suing the program to give you your position back will not do anything to lessen the unpleasant situation, and will make you the "red headed stepchild" or worse if you don't have a position and your current program forced you into signing the resignation and lied about it, it should be an action to consider.
 
Your PD was definitely playing a little hardball... you don't have to resign for anyone! Kimberli is right... if you have a dificult time landing something else you better talk to a lawyer. Because now, you may have a hard time with the whole letter of rec. They may stay more "objective " in their letter if you have representation.


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thanks, i have already spoken with the ombudsperson who is looking into this (although i don't know what that will do). i've also applied to a few places but haven't heard back.

btw i never said i wanted to leave just wanted to check out one program
 
This crap is epidemic!#$@$

Damn PDs...everyone retain an attorney. Only way to deal with these used car salesmen.
 
I hate program directors they really like to screw people over. Damn them. I got screwed myself by mine haha. I however, refused to give LOR until I knew I had another program secured in another field by the way leaving gas haha believe me its not that uncommon. Gas is like every other residency from what i can gather some places are nice some places are unihabitable.
 
Seems like a possibility if the right kind of LOR is not written on your behalf. The motive seems clear. The PD wanted you out so the wife could replace you.

The threat of a suit should get the PD to behave reasonably. If not, maybe you will own his house.
 
you all gotta realize most PDs make only a small fraction of what their private prac colleagues make...they are angry and bitter and want to take it out on you because they know you still have the chance to become what they always dreamed of....sad really.
 
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