Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I have a question regarding my residency program
, we…

Customer Question
Hi, I have a...

Hi, I have a question regarding my residency program

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

We have two semi-annual meeting with program director and during each visit, beside belittling, discrediting and threatening to put me on remidiation, he doesn't say anything else. when I inquire about the facts, he gets so mad, for instance , despite great oral and written feedback from attendings, He was quite unhappy with my performance especially in the area of professionalism. I scored below average from my peers in professionalism where as last year I had no problems in this areas. He asked me why did I have problems with professionalism? First I asked him to educate me on how these survey number work. I stated that many of my evals were not in yet in and was wondering if that would somehow contribute to the lower score? He got really mad at me and told me I’m always looking for an excuse or to blame the system for my poor performance, that I’m here to fit into the system and not necessarily change the system, these numbers are from overall evaluations by attendings, peer review and “the committee” all of whom are unhappy with me etc.I responded that I’m sorry if it came across as excuses, that I was just confused because my written evals and oral evals don’t quite match up to these numbers and I’m very confused as to what to work on to improve this because no one has told me about bad behavior on my part.Then he went on to explain that one of my biggest problems is that I am too persistent, continuously seeking details which frustrate him and “the corporate” and I need to stop it “right here and now”. He gave an example of one of the meetings we had with the class about changing the floor schedule for the first time and there was ambiguity for me so I was asking questions (there are still questions and ambiguity for all us residents on this topic) and he cut me off when I was asking James. He told me today he did that on purpose because he thought I was asking too many questions and he needed to “shut me down”.He said that if my unprofessional behavior continues, I’ll face remediation. I don’t even know what that would consist of because I have never been informed that I’ve been unprofessional, or that there are instances of unprofessional behavior.As I told Dr. Trim, I ask for feedback from every one of my attendings twice per rotation, and I have never had anyone tell me I was unprofessional or that there were specific behaviors I needed to change.I don’t know who to refer to and how change anything when he doesn’t give me any specific example of unprofessional behavior besides asking too detailed questions and that there are general reviews from the committee.

Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 49 minutes by:
1/23/2016
Employment Lawyer: Marsha411JD, Lawyer replied 2 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,819
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information, can you tell me what your legal question is? Also, what State do you work in and do you have a term contract that requires misconduct in order to be terminated?

I will be away from my computer most of the morning but will respond as soon as I am available.

Ask Your Own Employment Law Question
Customer reply replied 2 years ago
what laws protect medical resident in this case? I have a filling my program director is trying to set me up for failure by gradually creating evidence against me so he can refuse offering me my last ( 3rd year ) of training contract. As you can read from the above story, for instance, in the area of professionalism, it's a simple match, if I have less evaluations in compared to my colleagues, of course, my overall average would be lower than my fellow residents, but the way he interpret the information creates a negative remarks on my profile. This is to me more of defamation, slandering and emotional distress. Do you agree or not? I live in Alabama. Residency contract requires verbal and written notification of misconduct, and I'm sure if you read more on ACGME website, you'll know more about the terms. For instance, during my previous meeting, He said that if my unprofessional behavior continues, I’ll face remediation. I don’t even know what that would consist of because I have never been informed that I’ve been unprofessional, or that there are instances of unprofessional behavior. Thanks,
Customer reply replied 2 years ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Employment Lawyer: Marsha411JD, Lawyer replied 2 years ago

I'm going to have to open this question to other Experts as I cannot devote the attention to it today that it deserves. Someone will let you know when they have an answer for you. It shouldn't be too long and I apologize for the delay.

Ask Your Own Employment Law Question
Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 124,190
Experience: 20+ Years of Employment Law Experience
Verified
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 understand your situation and have had to deal with residency programs before. Unfortunately, it is not easy, because your time as a resident you are under the direct supervision of the director and your evaluations will govern the situation. If you are saying your evaluations do not match the director's comments, then you bear the burden of proving that to the dean of the program who is over the director. If they dismiss you from the program based on false statements, then you could sue the program for readmission. However, if the director does have evaluations from those who worked with you and their opinions are as he says, it is virtually impossible to fight opinions and in order for you to have a case you would need to prove the only reason they are doing this to you is discriminatory based on your race/sex/disability or national origin to have a claim against them. Other than those reasons I am afraid your options are very limited and it means that you must pick up as the director wants and follow their direction without questioning them any further (these programs are set this way for a purpose to try to weed out those who cannot conform to hospital settings, so they are necessarily very difficult and critical and you have to work to deal with that unless it is based on false claims of the director or one of the aforementioned discriminatory reasons and only in those cases could you have legal rights to pursue against the program if they dismiss you or try to do so).
Ask Your Own Employment Law Question
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 124,190
124,190 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

20,819 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Can I bring a lawyer to a nursing peer reiview? No, AT will,
Can anything else be brought up in peer review other than the incident at hand?… read more
Marsha411JD
Marsha411JD
Lawyer
20,819 satisfied customers
Can polygraph results be used in a florida federal courtroom
can polygraph results be used in a florida federal courtroom to prove discrimination had occurred during employment....it has been used quite often in florida vs other states, in criminal case..i just… read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
158 satisfied customers
How can I get a referral for an employment lawyer? I am in
How can I get a referral for an employment lawyer? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
124,190 satisfied customers
I was wrongfully fired today and want to know when i should
i was wrongfully fired today and want to know when i should file for unemployment … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,115 satisfied customers
I have a EEOC case against my former employer and have had
I have a EEOC case against my former employer and have had three phone consultation with their attorney and Judge, who stated my case was more of a Unfair treatment case instead of discrimination and … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Is anybody here a whistle blower attorney here that can give
Is anybody here a whistle blower attorney here that can give me information on whistle blower protection false claims act etc..,?… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,427 satisfied customers
I just lost employment over a false claim of Intimidation
I just lost employment over a false claim of Intimidation and threats … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I need an attorney to write a cease and desist letter for
I need an attorney to write a cease and desist letter for me. What type of attorney handles this? … read more
Bill Attorney
Bill Attorney
law
2,225 satisfied customers
Do I have any rights against my employer in Louisiana if I
Do I have any rights against my employer in Louisiana if I am verbally abused on a daily basis? It is a small medical practice, basically just me and the doctor. He constantly abusive in front of pati… read more
Blake
Blake
J.D.
107 satisfied customers
I filed a claim with the EEOC. My attorney quit working with
I filed a claim with the EEOC. My attorney quit working with me because she claims my charge is invalid if I leave the company, which I did. I do not think that's correct, which is why I'd like to kno… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Is anybody here a whistle blower attorney here that can give
Is anybody here a whistle blower attorney here that can give me information on whistle blower protection false claims act etc..,?… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,427 satisfied customers
I have a settlement agreement with my former employer. My
I have a settlement agreement with my former employer. My ex- employer was supposed to remove an investigation out of my personnel file and they have continued to release this information to new poten… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I am trying to resolve a grievance with my employer. But
I am trying to resolve a grievance with my employer. But they will not respond. … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
124,190 satisfied customers
I was just let go for low productivity after pointing out
I was just let go for low productivity after pointing out fraudulent Medicare cases and my productivity was low because my total work was not completed before the report was run. Also my manager and s… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,856 satisfied customers
We have a couple businesses. A homeless guy asked for some
We have a couple businesses. A homeless guy asked for some day labor a few months back, has a history of jail time etc.etc. he just wanted some help. (After Hurricane Irma there has been so many peopl… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
124,190 satisfied customers
Can a public employee file a private US District Court
Can a public employee file a private US District Court complaint under the false claims act. Thank You… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I'm a professional full time employee with more years of
I'm a professional full time employee with more years of experience and more seniority than my peers. My salary is lower than my other peers I have a higher position where my employer demands more res… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
124,190 satisfied customers
Im being sued by a former employer for a false claim. how do
Im being sued by a former employer for a false claim. how do i fight it. I dont have any money, but their claim is false … read more
Attorney2020
Attorney2020
Lawyer
2,480 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x