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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 41053
Experience:  30 years in Employment law
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I would like advice regarding my husband. He is a doctor at

Customer Question

I would like advice regarding my husband. He is a doctor at his 6th year of residency (out of 7 years) and was recently informed that he won't be renewed for next year. The official reason is "behavioral reasons": the hospital was able to collect testimonials of some people at the hospital against my husband saying he was "unprofessional". These testimonials were solicited by the hospital and not spontaneous.In reality, my husband was recently nominated "resident of the month", won several awards and has excellent ratings from patients online. The trigger for this hospital "backlash" was one recent episode when my husband drank too much at home and texted some people at work. They called to verify he was drunk. Again, he was not on duty, nothing offensive was said, but this was taken very badly. We have 10 days to submit additional material and have a review of the case. Anyway, my husband is not allowed to talk to almost anyone at the hospital, and almost anyone is allowed to talk to him. Therefore I don't know how he can collect some positive testimonials. I am writing to ask what type of material could we collect to support our case. thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you tonight.

I am so sorry he is being treated like this.Please consider an employment lawyer for him.The lawyer can gather such statements and may be able to back them off or at least give him a neutral reference.It is really not possible for him to do this himself under the restrictions they are imposing.

A lawyer can not only gather this information but present it in a positive manner.There may also be discrimination involved, race for instance.It is critical for him to have legal representation to preserve his career.It is money well spent here to save him and turn this around.He can file with EEOC claiming discrimination.

Lawyer referral here look for one as highly rated as you can afford ..

http://www.avvo.com/employment-labor-lawyer/ri.html

File with EEOC

http://www.eeoc.gov/employees/charge.cfm

I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 1 year ago.

Race

The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

These actions may be really a form of discrimination here.EEOC can investigate this.

Customer: replied 1 year ago.
Thank you for your answer. I suppose discrimination for race is not involved because he is caucasian. Anyway I wonder if discrimination for mental health problems is involved. He has abused alcohol at home recently, but this has never caused any trouble at work. He abused alcohol at a department restaurant gathering too; anyone drank but he drank more. So this is the reason why the hospital decided to "non renew" him, even though they interviewed people to find some "unprofessionalism" problem. He was willing to remediate with an abstinence contract, and he actually signed one for 5 years, but they fired him 3 days after. Is there discrimination you think, maybe under the "Americans with disabilities act? Thank you.
Expert:  Ray replied 1 year ago.

It could be failure to accommodate his needs and disabilities. ADA falls under EEOC here.

https://asci.uvm.edu/equine/law/fence/ok_fnc.htm

There was also not any relation to his job.I hope he will consider a lawyer here and EEOC.Thanks and the best.

Customer: replied 1 year ago.
Okay, thank you. Just one last question please. What do you think would be good material to bring to this "review"= appeal of their decision of non-renewal? Again the official reason for "non-renewal" was "unprofessionalism" in some solicited testimonials, but the real trigger was the case of alcohol abuse and texting at home. Thank you.
Expert:  Ray replied 1 year ago.

None of this was job or patient related.There was never any claims as far as I can tell he was drinking on the job or client care was compromised.His job performance was more than adequate, this is solely off the clock.There is also the argument that there was evidence in support of his care, see what statements you can get in that regard or have lawyer do so.The lawyer can talk to these people and it doesn't violate his restrictions, that is why a lawyer here is a good idea.

Thanks again and the best here.This is terrible what they have done, it looks like w witch hunt.

Customer: replied 1 year ago.
okay, thank you
Expert:  Ray replied 1 year ago.

You are so welcome.I will say a little prayer for you both hope it can be worked out here.

Expert:  Ray replied 1 year ago.

If you can positive rate it is always sincerely ***** *****