What to do

[Yellow mellow]

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I've discussed from previous threads about the abuse from my supervisor and now with my contract finally over soon, I am in the process of applying for other jobs.
The problem is most questions ask for supervisor contact and name. I have colleagues and medical staff and even patients who will vouch for my excellent work, unfortunately, it's the supervisor whose contact I have to submit. He has been known to every physician and staff to be a tyrant, even the anonymous survey that gave him the lowest possible ratings from staff didn't do anything. I've contacted the appropriate person for help but was told that during the probation period, a supervisor can pretty much have free range, whether it means he can give me an unfair amount of cases or give me a direct order that is harmful to my patient care, doesn't matter. I am distraught to say the least. And now I have to add his name on all my application is adding insult to injury. Any advise please. I am now told by colleagues to contact a lawyer.

 

[psych md jd]

Check here:

http://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter9-6.html

 

[wolfvgang22]

I've discussed from previous threads about the abuse from my supervisor and now with my contract finally over soon, I am in the process of applying for other jobs.
The problem is most questions ask for supervisor contact and name. I have colleagues and medical staff and even patients who will vouch for my excellent work, unfortunately, it's the supervisor whose contact I have to submit. He has been known to every physician and staff to be a tyrant, even the anonymous survey that gave him the lowest possible ratings from staff didn't do anything. I've contacted the appropriate person for help but was told that during the probation period, a supervisor can pretty much have free range, whether it means he can give me an unfair amount of cases or give me a direct order that is harmful to my patient care, doesn't matter. I am distraught to say the least. And now I have to add his name on all my application is adding insult to injury. Any advise please. I am now told by colleagues to contact a lawyer.

Do you have a human resources department or person? If you do, I would list that instead of my supervisor, as human resources is more likely to tell the facts and follow federal and state law about what can be said about an employee or ex-employee. Alternatively, do you have a good relationship with your supervisor's supervisor?
A third option would be to just leave it blank. Psychiatrists are, after all, in demand. It's not like there is 10 of us for every job or anything. The worst that would probably happen is they ask you about it. If not, they aren't that interested in you, anyway. Most everyone has had a horrible boss at one time or another.

 

[Yellow mellow]

You think it's ok to put HR or a name of person in HR instead of supervisor name ? I have a copy of the most current review of this supervisor by his peers just in case any new employers wants to see evidence of why this person could potentially sabotage my credential because he has done this to previous employees. But thanks for the advice.

Do you have a human resources department or person? If you do, I would list that instead of my supervisor, as human resources is more likely to tell the facts and follow federal and state law about what can be said about an employee or ex-employee. Alternatively, do you have a good relationship with your supervisor's supervisor?
A third option would be to just leave it blank. Psychiatrists are, after all, in demand. It's not like there is 10 of us for every job or anything. The worst that would probably happen is they ask you about it. If not, they aren't that interested in you, anyway. Most everyone has had a horrible boss at one time or another.

 

[kitsens]

I think what mellow yellow is asking is, what protections does he have, if any, from a incompetent supervisor that may say things that are objectively and subjectively not true about his performance.

 

[notdeadyet]

It varies by state. In some states, an ex-employer needs to be extremely careful with what they say. Researching employee rights in yours might be an idea.

By the way, yellow- did you ever meet above your bosses head with your complaints? If so, you might list that person.


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[heyjack70]

If he actually lies about you, Could you sue him for slander like lance Armstrong did to everyone who said he was using performance enhancing drugs?

 

[Yellow mellow]

I was scheduled to meet with his boss but was advised to meet with union and prior to that eoe. It was the union who actually said that because I was still within my probationary period (2 years ), the supervisor can do what he does without penalty. They also added that complaints have been filed against this person with no real consequence. His boss apparently met with the union without me, that was my whole point was to be there and yet I wasn't told about this meeting. So now I don't see the point anymore to request a meeting with his boss.
After the atrocious survey came out, btw, I didn't even do the survey, he actually held a meeting and said point blank, " so everyone hates me. " Weeks later, I caught a co-worker anonymously sending that survey to his boss after nothing was done. Well, nothing was done again. This is the VA. I love working with veterans and believed I was good at my job but this experience has been nothing short of a nightmare. Psychiatrists and nurses along with other supporting staff have shared their utter hate and fear for this person but see no hope. With all the scandals surrounding the VA in recent months, my own personal experience is so bad I can't imagine working for another VA.

 

[splik]

If he actually lies about you, Could you sue him for slander like lance Armstrong did to everyone who said he was using performance enhancing drugs?

very difficult to prove slander in employment cases because you don't know what was actually said in conversations over the phone and no one is likely to tell you, and in this case you would also have to prove that the slanderous comments directly resulted in the lack of employment

a libelous reference on the hand (if you saw this) would give more grounds for a lawsuit. That said, as NDY notes in many juridictions former employers would be very hesitant to say anything negative about an employee because of the risks (hence the "damning with feint praise" phenomenon), however in others references are specifically protected from this kind of civil action. this is my understanding anyway (obviously not a lawyer).

however to my knowledge references are no a first pass thing in the employment process at most institutions (especially non-academic settings). Typically references will be sought once they have decided they want you. At that point this is mostly a formality. for many jobs in psychiatry, it is hard to find someone to fill the position anyway so a bad reference often doesn't make a difference. The fact of the matter is, if you haven't been fired, hadn't your practice restricted in someway, or faced disciplinary action it doesn't matter.

I think your anxiety about this is because you have been working in this toxic environment and have been so traumatized you fear that even as you try to leave your supervisor will somehow that you won't be able to escape.

I don't think you're even supposed to put this person down. Your actual boss presumably is the chief of mental health services at the VA you're working at.