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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111657
Experience:  20+ Years of Employment Law Experience
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Medical residency probation
, I have poor evaluations

Customer Question

Customer: medical residency probation
JA: Thanks. Can you give me any more details about your issue?
Customer: I have poor evaluations during my works and my supervisor have been labeling me as a weak workers the program document many finding s some of them are untrue they want me to sign a probation letter sometimes next week but I am not sure whether probation is truly a corrective measure or it's a due process needed before firing
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Submitted: 11 months ago.
Category: Employment Law
Expert:  RobertJDFL replied 11 months ago.

Thank you for using Just Answer. I look forward to assisting you. I do have a couple of questions I just need answered so I can better help you.

First, can you tell me what state you're in?
Second, do you have any type of employment contract or collective bargaining agreement? (I wouldn't think you'd have a collective bargaining agreement during a medical residency, but covering all the bases).

Once I hear back from you I can prepare my answer.

Customer: replied 11 months ago.
hi, I am in Ohio.
the employment contract employee need to go through a period of "due process"
performance advisory--> probation --> termination.I was verbally given a performance advisory earlier. and now the program want to put me on probation.
I am being asked to sign the probation next week.I have employment contract, but it doesn't specific the term of employment.
I am pretty sure our hospital have no collective barginning involvement.my main issues is that I feel my program (employers) is able to talk to the different groups of people I worked with
and cherry pick only the negative comment about my performance.And sometimes, my potential coworkers are told in advanced that I am a "weak worker", hence introducing bias into my evaluation.
Customer: replied 11 months ago.
Performance Warning
In the event of unsatisfactory performance (depending upon the nature and/or extent of the
unsatisfactory performance) or if at the end of the timeline specified in the written counseling
improvement plan, the clinical trainee/research fellows performance has not improved to the extent
and within the period of time considered acceptable by the program, the clinical trainee/research
fellow may be issued a performance warning. The program invokes performance warning status by
written notification to the clinical trainee/research fellow that advises that his/her performance is
not satisfactory and that includes a clear statement that the clinical trainee/research fellow is on
performance warning. This notice to the clinical trainee/research fellow shall include a detailed
description of the unsatisfactory performance, the expectations for performance improvement and
time parameters in which performance is to improve. As a result of a performance warning, clinical
trainee/research fellows clinical duties and other activities may be restricted or otherwise curtailed
by the Program Director.
In the event a clinical trainee/research fellow is placed on performance warning, a copy of the
performance warning notice shall be forwarded to the Director of Graduate Medical Education for
inclusion in the clinical trainee/research fellow’s academic file. The Director of Graduate Medical
Education or the Chairman of the Education Institute will discuss the performance warning with the
parties involved.
Performance warning status may be issued for a predetermined period of time (for example, three
months) or for an indefinite period, as determined by the program. The program also has the
discretion to extend any period of performance warning status. A clinical trainee/research fellow
who has been placed on performance warning shall have this status and his/her progress towards
performance improvement reviewed by the Program Director or designee on a regular basis.
The Program shall inform the trainee in writing when the performance warning has been lifted and
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that the program is now satisfied with the improvement and current status of their performance.
Performance warnings may be appealed to the GME Department (See Procedure for
Clinical Trainee/Research Fellow Appeal Process) by the clinical trainee/research fellow.
Dismissal from Training and Administrative Leaves of Absence
If upon the expiration of the performance warning status or in the event of an indefinite period of
performance warning after at least the first periodic review by the Program Director or designee, the
clinical trainee/research fellows performance has not improved to the extent considered acceptable
by the Program and the Director of Graduate Medical Education or Chairman of the Institute of
Education, the clinical trainee/research fellow may be immediately dismissed from the program.
In addition and not withstanding, any of the foregoing to the contrary, a clinical trainee/research
fellow may be dismissed from Cleveland Clinic “for cause” or otherwise dismissed from the
program or placed on an administrative leave of absence without prior counseling and/or
performance warning status for: 1) apparent serious violations of ethical, legal or medical practice
standards of conduct 2) patient safety concerns or 3) investigation of adverse incidents/issues
involving a clinical trainee/research fellow. In the event a clinical trainee/research fellow is
dismissed from the program under any circumstance or placed on administrative leave of absence,
the clinical trainee/research fellows Program Director and the Director of Graduate Medical
Education or Chairman of the Institute of Education, shall advise the clinical trainee/research fellow
in writing of the dismissal or the administrative leave of absence and the general nature of the
grounds therefore. Dismissal from training may be appealed by the clinical trainee/research fellow
unless, the reason for dismissal falls under the single significant events noted below*.
Customer: replied 11 months ago.
above was the institute-wide policy
Customer: replied 11 months ago.
Counseling – Verbal and Written
The 1st formal step involves “verbal counseling” where the resident meets with the
Program Director and/or with an Associate Program Director. Verbal counseling may
occur at any time in a resident’s career and documentation regarding the counseling will
be noted in the resident’s file. If performance continues without the desired
improvement, a second step may involve “written counseling”. The written counseling
involves the delivery of a written memo that specifies the reasons for the written
counseling. This documentation will be noted in the resident’s file.
The program regards “counseling” as positive and constructive in nature. Counseling is
not disciplinary, probationary, or investigatory in nature, nor is counseling necessarily a
reflection of unsatisfactory performance or academic incompetence. Counseling is not
an adverse charge or action and may not be appealed by the clinical trainee/research
fellow.
--------------------------------------------------------------------------------------------------------------
Performance Warning
In the event of unsatisfactory performance (depending upon the nature and/or extent of
the unsatisfactory performance), or if upon completion of a counseling status the
resident’s performance has not improved to the extent and within the period of time
considered acceptable by the Program, the resident may be issued a performance
warning.
The program will provide a written notification to the resident that advises him/her that
their performance is not satisfactory. This notification includes a clear statement that the
resident is on performance warning and consists of a brief description of the general
nature of the unsatisfactory performance, the expectations for performance
improvement, and time parameters in which performance is to improve.
As a result of a performance warning, a resident’s clinical duties and other activities may
be restricted or otherwise curtailed by the Program Director.
A copy of the performance warning notice is forwarded to the Director of Graduate
Medical Education for inclusion in the resident’s academic file. The Director of Graduate
Medical Education or the Chairman, Education Institute, will discuss the performance
warning with the Program Director and the resident involved. Performance warning
status may be issued for a predetermined period of time (for example, three months) or
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for an indefinite period, as determined by the program. The program also has the
discretion to extend any period of performance warning status.
A resident who has been placed on performance warning shall have this status and
his/her progress towards performance improvement reviewed by the Program Director
on a regular basis. Failure to make progress toward performance improvement may
result in the program not offering the resident a contract for the upcoming year.
Performance warnings may be appealed by the resident.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR, as your previous contributor had to leave.
According to your contract, probation is a contractual step in the disciplinary process that they must go through. They must provide you reasonable and attainable goals in your probation and you must comply with their terms to satisfy those goals. They cannot proceed from your written warning/performance plan to termination without the probation step and if they did they would be in breach of contract.
However, if they find at any time in your probation you are not adequately performing, then they can terminate your employment and it would not be a breach of the contract terms.
They can talk to anyone that you worked with, if you refute what the negative comments are and have facts to support your contentions, then you have the right to submit a written explanation to the employer listing all of the facts that would show the comments are not true. The employer is supposed to consider these facts, since they cannot just break your contract without good cause and here you are disputing their good cause, so you need to put the employer on notice of all the facts which dispute their performance issues they have with you.