Contract termination

[1234]

I have been working in a specialty private practice since graduation that I really loved and felt that I performed well in (was never disciplined, received performance raises, commended for growth/development).  Always had good rapport with all providers in practice and basically thought of them as extended family.  However, over the course of numerous months conditions deteriorated (working roughly 100 hour weeks that included driving 500 miles).  This had never been the norm during my time with this practice and certainly was not what “I signed up for” when employment contract was signed (roughly 40 hour week and 20 mile drive daily max).  It also became obvious during this time I was the only one being burdened with this schedule/commute.  I tried to address concerns with management as it was significantly impacting my quality of life.  I had always been a “team player” helping the practice in any way I could and had never complained, but I thought my concerns were legitimate and really just wanted some type of resolution be it alteration of schedule or compensation to make my life slightly more manageable (heck even an adjustment to call times to avoid the 2 hours I spent in rush hour traffic would have been a great start if possible).  However, I was repeatedly ignored.  Only when I literally felt at the end of my rope from exhaustion and was seriously considering leaving do I finally score sit down with practice owner.  The owner knew exactly what my concerns were as we had a conversation via text about it.  I was straightforward but very polite in stating my concerns, and they seemed amenable to discussion and we scheduled a date to further discuss details.  I wasn’t concerned in the slightest because we had always had a good relationship/no issues communicating with each other.  Fast forward to the end of my last scheduled shift and owner starts texting me in what I perceive as a hostile manner and comes off as dismissive in regards to topics of discussion for upcoming meeting, which was entirely out of character.  I am careful to not engage too much because I clearly want nothing to do with bad mood of owner.  Several days later I am terminated via text before meeting ever occurs (who knows maybe there was never an intention to have an open discussion).  I was completely shocked.  Two weeks go by and I hear nothing from practice admin whom I was told would contact me for dissolving contract.  But, I ascertain it is time to move on with my life including beginning the search for employment.  Additionally I had filed for unemployment during this time.  First individual I reach out to results in immediate job offer by phone as they are familiar with our service.  However they want to contact former employer to get ok as they wouldn’t want any drama with previous practice by hiring me (which I completely understand).  I was brief, but honest about what transpired and avoided any blame or derogatory language.  I said there was a scheduling issue that unfortunately couldn’t be resolved and added the positives about how it had been a great position that I learned so much from etc.   Within 24 hours practice admin of former employer calls to schedule appointment to pick up w-2 and last paycheck which they claimed could not be direct deposited as it had been before (heard of the post office?).  Before hanging up there is also the mention of signing a form, which could very well be some type of formal separation agreement (which I am under the impression I do not have to sign).    As I wait to find out what this is all about physician who previously offered job calls to rescind offer and doesn’t want to offer details.  Clearly, I feel prior employer likely said something negative to prospective employer to prompt them to rescind offer.  I am deeply concerned that if prior employer can help it they will try to prevent future employment if at all possible.  I practice in a large metropolitan area that is nonetheless tight knit and I am concerned regarding my ability to find meaningful employment and protect my professional image. 

 

In particular I expect they will likely aggressively pursue compliance with non-compete (which given the broad scope my former job entailed should still leave plenty of opportunity even if I can’t work in my specific specialty for a little while).  However, it is safe to assume I will not receive a fair or accurate representation from former employer and I don’t know how to address/overcome this issue moving forward.  I am also worried about what may come of my credentials that I received as part of working with former practice specifically if at least one institution may withdraw privileges and potential for event to be reported to NPDB (former practice owner was on board for at least one of the hospitals I was credentialed at).  From what I understand if this happens it could impair or prevent future credentialing at any hospital and significantly reduce job opportunities for my entire career.  Finally, it appears unemployment is awaiting decision because former employer is claiming I am ineligible because I was discharged for some type of misconduct, which is honestly just another slap in the face. 

 

I am honestly at a loss for what to do from here?  I really just want to move on and support myself, but I am incredibly discouraged.  I never saw this coming, but I imagine many others who found themselves similarly situated didn’t either.  Any advice about how to proceed and also ensure I am looking out for my best interests would be greatly appreciated. 

[south]

Jeez.  I am very sorry this has happened.  

First of all, moving forward, consider your former employer to be a hostile entity bent on destroying you.  Any conversation with another employer begins with checking the box "no, you may not contact my former employer".  If they persist, then explain that you left due to integrity issues, use those words and leave it at that.  

Try to get a signed letter or other documentation stating your dates of employment and nothing more.  A prospective employer has a right to this, and will probably ask, and it's a fair question.

A good way to do this may be to type up a letter with these dates on it.   Present this to them and tell them if someone signs this and prints their name, you will never contact them again for anything.  If they refuse, which they might...

Consider contacting an employment lawyer.  You have been damaged unfairly and illegally, and it may well be worth a few hundred bucks for a threatening phone call, and an attempt to acquire the above letter.  

Even if you don't hire someone, make sure you grab a few business cards.  You can slip one into any correspondence or any other meeting and say that your rights and damages have been explained to you, and if issues aren't resolved, there are other actions that can be taken.  Absolutely true.  

Anyway, sorry again but you are going to be okay.  I am in a similar situation, minus the confrontation.  It sucks.  Let us know how it turns out, okay?  Good luck.

[hustleforthePAC]

I have been working in a specialty private practice since graduation that I really loved and felt that I performed well in (was never disciplined, received performance raises, commended for growth/development).  Always had good rapport with all providers in practice and basically thought of them as extended family.  However, over the course of numerous months conditions deteriorated (working roughly 100 hour weeks that included driving 500 miles).  This had never been the norm during my time with this practice and certainly was not what “I signed up for” when employment contract was signed (roughly 40 hour week and 20 mile drive daily max).  It also became obvious during this time I was the only one being burdened with this schedule/commute.  I tried to address concerns with management as it was significantly impacting my quality of life.  I had always been a “team player” helping the practice in any way I could and had never complained, but I thought my concerns were legitimate and really just wanted some type of resolution be it alteration of schedule or compensation to make my life slightly more manageable (heck even an adjustment to call times to avoid the 2 hours I spent in rush hour traffic would have been a great start if possible).  However, I was repeatedly ignored.  Only when I literally felt at the end of my rope from exhaustion and was seriously considering leaving do I finally score sit down with practice owner.  The owner knew exactly what my concerns were as we had a conversation via text about it.  I was straightforward but very polite in stating my concerns, and they seemed amenable to discussion and we scheduled a date to further discuss details.  I wasn’t concerned in the slightest because we had always had a good relationship/no issues communicating with each other.  Fast forward to the end of my last scheduled shift and owner starts texting me in what I perceive as a hostile manner and comes off as dismissive in regards to topics of discussion for upcoming meeting, which was entirely out of character.  I am careful to not engage too much because I clearly want nothing to do with bad mood of owner.  Several days later I am terminated via text before meeting ever occurs (who knows maybe there was never an intention to have an open discussion).  I was completely shocked.  Two weeks go by and I hear nothing from practice admin whom I was told would contact me for dissolving contract.  But, I ascertain it is time to move on with my life including beginning the search for employment.  Additionally I had filed for unemployment during this time.  First individual I reach out to results in immediate job offer by phone as they are familiar with our service.  However they want to contact former employer to get ok as they wouldn’t want any drama with previous practice by hiring me (which I completely understand).  I was brief, but honest about what transpired and avoided any blame or derogatory language.  I said there was a scheduling issue that unfortunately couldn’t be resolved and added the positives about how it had been a great position that I learned so much from etc.   Within 24 hours practice admin of former employer calls to schedule appointment to pick up w-2 and last paycheck which they claimed could not be direct deposited as it had been before (heard of the post office?).  Before hanging up there is also the mention of signing a form, which could very well be some type of formal separation agreement (which I am under the impression I do not have to sign).    As I wait to find out what this is all about physician who previously offered job calls to rescind offer and doesn’t want to offer details.  Clearly, I feel prior employer likely said something negative to prospective employer to prompt them to rescind offer.  I am deeply concerned that if prior employer can help it they will try to prevent future employment if at all possible.  I practice in a large metropolitan area that is nonetheless tight knit and I am concerned regarding my ability to find meaningful employment and protect my professional image. 
 
In particular I expect they will likely aggressively pursue compliance with non-compete (which given the broad scope my former job entailed should still leave plenty of opportunity even if I can’t work in my specific specialty for a little while).  However, it is safe to assume I will not receive a fair or accurate representation from former employer and I don’t know how to address/overcome this issue moving forward.  I am also worried about what may come of my credentials that I received as part of working with former practice specifically if at least one institution may withdraw privileges and potential for event to be reported to NPDB (former practice owner was on board for at least one of the hospitals I was credentialed at).  From what I understand if this happens it could impair or prevent future credentialing at any hospital and significantly reduce job opportunities for my entire career.  Finally, it appears unemployment is awaiting decision because former employer is claiming I am ineligible because I was discharged for some type of misconduct, which is honestly just another slap in the face. 
 
I am honestly at a loss for what to do from here?  I really just want to move on and support myself, but I am incredibly discouraged.  I never saw this coming, but I imagine many others who found themselves similarly situated didn’t either.  Any advice about how to proceed and also ensure I am looking out for my best interests would be greatly appreciated. 

With unemployment you have 21 days to send in an appeal to see judge and the employer usually doesn't show up and you'll win, you'll qualify to get at least $1,800 untaxed (I know it's nothing but it can hold you off until you gain your next job)
With unemployment you will qualify as long as work was available and you didn't quit on them. Sounds like the private practice is being cheap and doesn't want to pay out the unemployment fee that you deserve, feel free to message me regarding the edd dispute I have experience in this as a former manager. Sorry you are going thru this I hope you feel supported by others in pa community and let me know how I can help.


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[mgriffiths]

If you are concerned that your previous employer is badmouthing you, then you need to speak with a lawyer.  Unless you specifically did something that would put your license in jeopardy (doesn't sound like it) then your previous employer is putting itself at significant risk to undermine future employment.  In most states (if not all) it is highly illegal and there are significant ramifications.  If you can prove that you were offered a job and then that offer was rescinded by them contacting your previous employer that is illegal.

Also, your employer is required to tell you why you were terminated, even if the reason they give is false.  Because you must be able to defend yourself if they are claiming misconduct.  Contact them and request a written report for reason for termination in writing.  If they refuse, again ding against them.

[anewconvert]

Talk to a lawyer. 

 

 

They fired you, so your non-compete clause may very likely be a moot issue now. Definitely refuse to sign anything from them. 

[1234]

Update:  So I found out according to former employer I was in fact terminated for cause due to what was viewed as "misconduct".  I was finally allowed to have a copy of my original contract and there are probably 20+ things in said paragraph that qualify as "misconduct" none of which I obviously agree with or feel I am guilty of.  I asked for further clarification of what specific aspect of paragraph I violated that was construed as misconduct but no further information could be provided.  This is also going to be their claim for dodging unemployment, but as of yet a final decision has not been made for me to appeal.  My noncompete is well weird now that I am seeing it for the second time.  I say that because there isn't even a stand alone non-compete clause/paragraph only one for non-solicitation that also has a sentence or two that could essentially be construed as a non-compete and it is fairly vague and rather broad.  In a nutshell states 1) I can't be employed by anyone who competes directly or indirectly or 2) I can't be employed by ANYONE who works in the same places as former practice for a duration of two years.  Which honestly seems a little ridiculous.  Especially considering prior employer holds exclusive contract at said sites which essentially would remove my ability to compete, solicit, or steal any of their thunder so to speak in any way (not that I would want to).  

Needless to say I have already started looking for an attorney to make sure I am covering all my bases. 

[anewconvert]

And to read your future contracts....

[mgriffiths]

Most non-competes are completely unlawful in many states and are simply stated as negotiation or scare tactics, so continue to check into that as well.

[lostconfidence]

Any updates?

I'm in a similar situation right now.