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  • Answered by:PaulMJD
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Customer Question

I work with a college system in Florida on an annual contract. I am the Program Director for one of the healthcare programs. We have several affiliated hospitals that take the students for clinical training. Apparently, they did not like me personally. Several of them called my boss to complain about me. He told me they called. I asked him what had I done wrong and what could I do about it. He said that there was no specific complaint anything I had done wrong. He said that they just did not like my style. He went on to say that this was a "dire circumstance" because we needed them to train our students. He said that I needed to "make them happy," be he didn't have any ideas beyond "take them coffee and donuts."

1:11 PM
He said that I should make site visits. I did, and they went very well. Nevertheless, my boss called me in and told me to clear out my office and leave, but I would be paid to the end of my contract (6-30-12). When I got back to my office my computer had been removed so that I could not have access to it before I cleared out of the office.

1:12 PM
When he called me into his office and gave me that notification, I asked him why I was being "dismissed" if I had done nothing wrong. He just said that contracts end, but would not give me a foundation.

1:14 PM
I suspect that some of the affiliates became scared because I had noticed violations of our affiliation agreements with the affiliates (they being the violators). Apparently, they felt safe in conspiring to call my boss and complain in order to try to get rid of me so that I would not be a threat.

1:15 PM
My boss had indicated in an earlier converstation (after all the phone calls from the affiliates) that he was afraid that they would drop our program(s) and not take any of our healthcare students anymore.

1:16 PM
My boss would never reveal any wrong-doing on my part, but just that he was afraid that we could lose affiliates. When I asked him about the apparent violations of affiliation agreements he said that he was not going to challenge them.

1:18 PM
Therefore, I do not have any comments from my boss about the phone calls. His comments about "dire circumstances" and my subsequent "dismissal" have a direct connection to his decision to tell me to leave.

1:20 PM
Even though I cannot put my finger on specific comments from the affililiates to my boss, I think there is some condition in legal statutes that address interference with a person's contract or business, and there may be other points of law that would apply to my case.

1:22 PM
I want to sue the affiliates for their interference with my contract and job, and in effect getting me "fired." Plus, I want to sue their employers if I can prove that they called my boss from their jobs (and I am pretty sure they did).

1:24 PM
Not only do I want certain emails, I also want my personal files that were on my office computer. Some of my personal files can contain supporting information relevant to my legal pursuits.

1:25 PM
I'm a little bit confused about an employer being about to refuse to produce emails in a state such as Florida that has a public disclosure law, and I work(ed) for a state college. But, then again, I'm not a layer. That's why I'm asking you folks. Thank you.

1:26 PM
Mitchell Watrous

 

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State/Country relating to question: Florida

Already Tried:
I work with a college system in Florida on an annual contract. I am the Program Director for one of the healthcare programs. We have several affiliated hospitals that take the students for clinical training. Apparently, they did not like me personally. Several of them called my boss to complain about me. He told me they called. I asked him what had I done wrong and what could I do about it. He said that there was no specific complaint anything I had done wrong. He said that they just did not l

Submitted: 411 days and 5 hours ago.
Category: Personal Injury Law
Value: $25
Status: CLOSED
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Expert:  Fran-mod replied410 days and 20 hours ago.

Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find an Expert to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!

Customer replied410 days and 20 hours ago.

I'm still waiting for an answer. Thanks.

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Expert:  Fran-mod replied410 days and 20 hours ago.

Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.

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Expert:  PaulMJD replied410 days and 19 hours ago.

I think what you are referring to would be "tortious interference with contracts" however, the employer has a right to not renew an employment contract. In your case, if the employer is paying your contract to the end of your contract term, they are not in breach of contract as they are honoring your contract and have a sole right to decide whether or not to renew the contract I am afraid. Many times employees do get fired because of personality conflicts with vendors and as long as the employer honors the terms of the contract and pays you, there is little real recourse.

As far as your personal files on your computer you would have to make a written request for those files. You also have a right to file a written public records request for the emails. If the employer does not comply, then you would file a complaint with the Attorney General's Office as they regulate public records requests.


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Customer replied410 days and 18 hours ago.

Well, in that case, can I call up their employers and tell them what I think about their employees? If that happens to result in their firing then the shoe would be on the other foot. In this case, all of the affiliate members happen to be women, and I am male.

 

I believe there is discrimination there since I am male and 71 years old. I guess when you get old anyone can kick your butt and get away with it because old people are expendible.

 

There seems to be something fundamentally wrong when an outsider can call up and influence a boss not to renew a contract just because someone does not like you. That might work in politics where anything seems to go, but I am neither a politician nor a public figure.

 

This is ridiculous when a group of women can conspire to call up your boss and threaten him with withdrawal from their teaching program. The thought there being that if he does not get rid of me then they are going to punish him by not taking more of his students.

 

I spent almost $10,000 of my own money to move to Florida to do this job. The employer did not assist in any of the moving expenses.

 

It appears that I will have to seek retribution by writing editorials to local newspapers questioning the actions of local hospitals that appear to violate their affiliation agreements. A letter to the national accrediting agency might throw some dirt in their gears as well.

 

Those people threw me "under the bus." I think I need to figure out how to drive that bus.

 

 

 

 

 

Edloren-mod41011.2556735301

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Expert:  PaulMJD replied410 days and 11 hours ago.

If you do not make known false statements about the employees and they are your opinion formed after interactions with the employees and those opinions are based on facts from which a reasonable person could deduce your opinion, you are free to do so.

If you have evidence to prove that it was done to you based only upon your age, then you must file your complaint with the EEOC and they must investigate to determine if you have sufficient probable cause to go to court.

Unfortunately, it is sad to say, but we see this similar situation frequently and the problem is the school needs the contracts with the hospitals more than they need any one particular employee to survive. This is also why it is likely that you complaining to the hospital about their employees would not likely result in their termination, since the hospital does not really need the school (aside from the fact that should you do so now it would appear retaliatory on your part).

Customer replied403 days and 7 hours ago.

Let me expand on my information. I work with a state college in Florida that has affiliation agreements with hospitals for health care training in all areas of health care (i.e., lab, nursing, xray, etc.).

 

To make a long story short, I told my Provost about affiliation agreements and discriminations. He told me that he was not going to sue (or pursue any action) against any of those affiliates because the college needed the students.

 

My program's FL state and national accreditation is dependent upon several legal documents being in place and followed.

 

Plus, my program has students queued up until 2015, but the admissions director told me not to tell anyone who called me that classes were full that far out.

 

Dismissing me solved a lot of problems for both the Provost and the affiliates because I know they knew I was questioning several of their actions. I even asked for a "memorandum of understanding" to clarify their actions relative to the affiliation agreements, but I was flatly ignored by one affiliated hospital system that takes all kinds of students into about ten of their local hospitals.

 

Consider this analogous situation: Suppose a healthcare college has a 1,000 openings in all its programs but admits 5,000 students into the general education courses knowing full well that 4,000 students are not going to be placed. The students don't know this because they have to go through a double-application process, and they are not being told about their chances. They are told that there are no guarantees for placement.

 

First, they have to apply in their first year to take general education courses as an "undeclared" student because the cannot apply to enter a health care program until their second year.

 

In that scenario there would be 4,000 students who would not get into their choice (or into any) healthcare program.

 

Some people may say that this is a risk students take. This is not the stinking lottery. I have a different opinion.

 

If an college knowingly admits students into a system with limited opportunity, knowing full well that not all of their applicants are going to be placed, there is someting fundamentally wrong with this practice.

 

This is not the same situation as a biology or chemistry student who is attending for a degree that may apply to various industries.

 

In this healthcare scenario students are entering into college to train in state and nationally approved/accredited programs. In my opinion, that's a really big difference from paying for college courses for which a affiliation agreement and program accreditation are not involved.

 

I just did the math in the example, and 4,000 students times $15,000 tuition for one year adds up to $60,000,000 (60 million dollars/year). No wonder they wanted me out of there.

 

By the way, it is a huge error in judgment to assume that hospitals do not need educational instutitions to serve as a stepping stone for students seeking careers in healthcare. Doing a little research will show dismal forcasts for employers but great opportunities for employees because of the vacancies that already exist (and even larger vacancies forcast for the future).

 

The public is getting ripped off, but they don't know it ... yet. Would a class action lawsuit apply in a case like this? Of course, that would take a lawyer(s) to breach that wall.

 

Thank you.

 

Mitchell

 

 

 

Edloren-mod41011.2550657407

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Expert:  PaulMJD replied403 days and 7 hours ago.

I am sorry, your analogous situation happens at many colleges and universities throughout the country where a pool of applicants are accepted into a general program and have to prove themselves capable and apply to the specific degree program subsequently. However, that being said, if you were terminated upon reporting violations of some law and you can prove you made such reports of the violation, the termination could be considered a retaliatory discharge.

 
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