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I applied for and was hired for a position at a hospital I…

Customer Question
I applied for and...

I applied for and was hired for a position at a hospital I am already an allied professional with and they took 5 months to credential me again. I am being told the position is no longer available because HR took so long to credential me. I was notified by the manager that I have to resign. Is this appropriate?

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

I did not speak with a lawyer. I notified the director of HR and she said she needs to collect more information.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No union.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I don't think so

Submitted: 1 month ago.Category: Employment Law
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Answered in 3 minutes by:
3/22/2018
Employment Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,329
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Could you help me understand a little bit more about what happened. You said that they took five months to credential you. What does that mean?

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Customer reply replied 1 month ago
I have been a nurse practitioner hired by a private surgical group since 2011. In order to work at this hospital you must be credentialed by them. Prove licensures, insurance coverage, credibility, etc. In June of 2017 I apllied for a position with this hospital as a per-diem nurse practitioner to earn extra money. I was offered the job and accepted. The hospital went through the whole credentialing thing again which took 5 months. In the meantime I had gone through orientation and was waiting for credentialing to be done so I could work. By this time the hospital tells me they no longer need me and are asking me to resign.
Employment Lawyer: Legal Eagle, Lawyer replied 1 month ago

I'm sorry to hear that. So, they fired you because the credentialing took too long although they were in charge of the credentialing, correct?

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Customer reply replied 1 month ago
Should I consider myself fired if they're asking me to resign? But, yes they're in charge of credentialing which took 5 months.
Employment Lawyer: Legal Eagle, Lawyer replied 1 month ago

I see. So, if they are asking you to resign, it is probably because they don't want you to try to apply for unemployment benefits. Employers have to pay into a trust fund and if it's depleted, they end up having to pay more, so I would be careful about resigning and I would wait until they terminate.

If they were in charge of the process, but it took them five months to do so, which is excessively long in my legal opinion, and their failure to do this causes you financial damages, then this appears to be a breach of contract based on the failure to perform within a reasonable time. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because all you need to do is click, purchase, and download. Click here to get started.

What other questions did you have for me today?

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Customer reply replied 1 month ago
Do you think it’s worth it for me to hire you?
Employment Lawyer: Legal Eagle, Lawyer replied 1 month ago

Good question, but that depends. What state and county are you in?

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Customer reply replied 1 month ago
Hunterdon County, NJ 08822
Employment Lawyer: Legal Eagle, Lawyer replied 1 month ago

Darn. I'm out in California so I wouldn't be able to assist.

One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most in advertising can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. Check out the website for your state’s LRS:

New Jersey LRS click here

You can also search for attorneys on a website called Lawyer Legion (click here) that scours all 50 states based on the kind of attorney you need.

You're welcome to come back here to the site for additional help at any time though.

Did you have any other questions for me today that I could help you with?

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Category: Employment Law
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