Residency spot

[Flower2013]

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Somebody can help me? I was offered a residency spot outside the Match and even received the “contract” from the GME office from the hospital, and 5 weeks after they change their mind and offered the position to somebody else. I didn’t sign the contract because I was putting together the paperwork, diploma, recommendations letters, etc… I have any right??? Anybody heard that this can happen?

 

[Smurfette]

Since you don't have a signed contract, I don't think there is anything you can do. Frankly, if they changed their mind and don't want you there, you should move on---you'll be much happier somewhere that wants you.

Start looking for other programs, if you haven't already done so. Register for the match so you can scramble. I realize this isn't what you want to hear, but you don't have realistic options other than to start your program search over again. Best of luck.

 

[NotAProgDirector]

Also, most contracts like this have a time period associated with them (i.e. they expire if not signed in a specific amount of time). Not signing the contract in a timely fashion basically tells that program that you don't want to be there. Perhaps you were confused, but you should have signed the contract, then dealt with all of the credentialing issues.

 

[Winged Scapula]

I agree with aPD.

It is likely that when they didn't hear from you with a signed contract they assumed you weren't interested and started looking for someone else.

There is nothing you can do now; as the American idiom goes, "verbal contracts aren't worth the paper they're written on". That means you must have a signed contract to be able to enforce anything.

 

[Law2Doc]

...
There is nothing you can do now; as the American idiom goes, "verbal contracts aren't worth the paper they're written on". That means you must have a signed contract to be able to enforce anything.

well, that particular idiom is foolish, and many people who utter it end up paying through th nose. Verbal/oral contracts can be very real contracts, with associated liability. I've worked on very large business deals that started as a handshake, and have worked with clients on the winning side of litigation in such deals. The Statute of Frauds gives a very limited list of the types of contracts that have to be in writing, and this wouldn't be one. However to enforce a verbal contract you always tend to have a proof problem. In other words you may claim there was a contract, but they may claim there was just a preliminary conversation that was later going to lead to an offer. So you'd have to have more in the way of proof. And you still have to try to mitigate -- find another residency ( which would defeat the point of your gripe). But no, the guy who makes deals and then says it's meaningless because it not in writing is a ***** in the legal sense, and not the guy you want to emulate.

 

[Winged Scapula]

well, that particular idiom is foolish, and many people who utter it end up paying through th nose. Verbal/oral contracts can be very real contracts, with associated liability. I've worked on very large business deals that started as a handshake, and have worked with clients on the winning side of litigation in such deals. The Statute of Frauds gives a very limited list of the types of contracts that have to be in writing, and this wouldn't be one. However to enforce a verbal contract you always tend to have a proof problem. In other words you may claim there was a contract, but they may claim there was just a preliminary conversation that was later going to lead to an offer. So you'd have to have more in the way of proof. And you still have to try to mitigate -- find another residency ( which would defeat the point of your gripe). But no, the guy who makes deals and then says it's meaningless because it not in writing is a ***** in the legal sense, and not the guy you want to emulate.

Fair enough.

Perhaps I should have simply said that the OP is unlikely to successfully wage any legal war against the residency program without a written contract (I still contend that the OP lost the position by assuming that the offer made verbally was solid without a written contract.).

Lesson for the future: these offers come with a time limit. If you fail to respond, the default assumption is that you aren't interested. That goes for interviews and job offers.

 

[Flower2013]

Thanks Guys for your help. I had a meeting with the chairman and resident coordinator, I received a letter with the contract, I signed and brought all the papers but the diploma translation there and the lady from GME office don't past the contract to sign (by the Hospital) until all the credential were with the contract; I was doing a “pre-resident” with them, worked for 5 months for free until license permit finally came out. They even ask me to draw the SFMatch last year because the position was for me. But I guess you are right without complete signature from two sides I don’t have anything legal to start with. I’m devastated……..

 

[NotAProgDirector]

Thanks Guys for your help. I had a meeting with the chairman and resident coordinator, I received a letter with the contract, I signed and brought all the papers but the diploma translation there and the lady from GME office don't past the contract to sign (by the Hospital) until all the credential were with the contract; I was doing a “pre-resident” with them, worked for 5 months for free until license permit finally came out. They even ask me to draw the SFMatch last year because the position was for me. But I guess you are right without complete signature from two sides I don’t have anything legal to start with. I’m devastated……..

Wait. This is a bit more complicated.

First, the contract/offer should have had language in it that specifically tells you how long you have until it expires (although it won't surprise me if it doesn't).

Regardless, if you signed the contract and tried to turn it in to them and they refused to take it (or said that you had to have the other paperwork at the same time), that may not be legal. My initial answer assumed that you just sat on the contract and waited until you had the rest of your paperwork. In that case, the program could reasonably argue that they assumed you were no longer interested, and gave the spot to someone else. But, if you signed it in a reasonable timeframe and tried to give it to them, and they refused to accept it, that's not reasonable. Or, at a minimum, they would need to spell out to you that you must get XYZ paperwork to them in a certain amount of time.

Bottom line is you need to decide whether you want to pursue this, or drop it. Given what you've posted now, you might have a case. You might not. Totally depends on exactly what happened when, what the contract says, and the laws of the city/state this is all happening in. Fighting it will be painful, long, and expensive. If you win, they might be forced to give you a position, and that could be miserable for all. But, they might also need to pay for any lost time, especially if this creates a situation where you lost out on other options.

If you decide to pursue it, you need to review this with a lawyer. They could give you some sense of how likely you are to win. Note that sometimes just having a lawyer call the place and start discussing might trigger them to just give you a spot to make it all go away. Could end well. Could end badly. Hard to tell.

 

[Flower2013]

Thanks for take the time to write. I worry to close the doors for my future as doctor here because any place that I go they can call them and they ruined my career, I was so stupid to believe in them but I will start to look why I can do.