Interested to know the answer. The program director's parting words
are: "I made you sign the contract thinking you'll continue for
another year, but I didn't sign it... so you're screwed." The resident
was matched into the program by the computer match service (ERAS). Is
there a legal recourse? One can say move on. But these days medical
residencies are not offered on phone/interview any more. One has to go
thru computer match service. And there is no computer match for a
resident who has finished one year of residency. It is extremely
difficult to find a 2nd year position if the program fires a resident
at the end of first year.

Looking forward to your comments and guidance.
Dakshin

"Bush will disarm all workers next" <dakshing64@yahoo.com> wrote in
message news:f26c87f0.0404271407.381297a7@posting.google.c om... Interested to know the answer. The program director's parting words are: "I made you sign the contract thinking you'll continue for another year, but I didn't sign it... so you're screwed." The
resident was matched into the program by the computer match service (ERAS).
Is there a legal recourse? One can say move on. But these days medical residencies are not offered on phone/interview any more. One has to
go thru computer match service. And there is no computer match for a resident who has finished one year of residency. It is extremely difficult to find a 2nd year position if the program fires a
resident at the end of first year.

You may have a contract regardless of whether it was signed. Take it
to a business transaction attorney for review. The issue will be
promissory estoppel, which I would have to brush up on before trying
to explain. But even if you have a contract, it might be possible to
fire you under the contract. The attorney will figure that out.
Meanwhile, keep looking. Finding a position will be better than
litigation.

McGyver

dakshing64@yahoo.com (Bush will disarm all workers next) wrote in
news:f26c87f0.0404271407.381297a7@posting.google.c om:
Interested to know the answer. The program director's parting words are: "I made you sign the contract thinking you'll continue for another year, but I didn't sign it... so you're screwed." The resident was matched into the program by the computer match service (ERAS). Is there a legal recourse? One can say move on. But these days medical residencies are not offered on phone/interview any more. One has to go thru computer match service. And there is no computer match for a resident who has finished one year of residency. It is extremely difficult to find a 2nd year position if the program fires a resident at the end of first year.

I'm not a lawyer, this is for discussion purposes only.

Did the program director represent that he would/had signed the contract?
Or, if it was implied (You can't work here without a contract, sign here),
a reasonable person could conclude that the contract existed and was valid
even if the employer never signed it, especially if they required the
resident to abide by the requirements of the contract.

If he wants to stay, he'll probably want to consult with a lawyer
conversant in the employment laws of that state.

> "David W." usenet@walc.com.pluto wrote:Did the program director represent that he would/had signed the contract?

The program director is usually advised by a lawyer. So if the resident ever
sues the argument will go like: 'I signed the contract expecting to continue
for the 2nd year and didn't apply elsewhere. It was too late when the program
director told me that there never was a contract for 2nd year". Is that a
winning argument?

Dakshin,

You provide very little information and I'm no longer current on med
education but here's an opinion. First, of course you can sue. You would be
wise to speak with several attorneys to get an evaluation of your chances
and an estimate of the costs. Many attorneys offer a free initial consult.
Assuming you sue to the residency program and are successful you will still
need to find another residency. A suit may seriously damage your chances for
another residency program. Have your spoken with the department chairman and
the med school dean to get an honest appraisal of your chances of enrolling
in another program or even changing your specialty?
As you know every year a few residents in any specialty will wash out due
to various factors. In the past the chairs would find something else (lab
work et c.) until the yearly contract ended and then assist in finding
another program or specialty. I'd be surprised if there is not a common
method is existence to address your problem. Sadly, some individuals are not
cut out for a traditional medical career. The pharmaceutical industry,
medical device manufacturers, the FDA, NIH, et c. all will hire MDs.

Good luck,
Dave M.

murthysuj@aol.com (Murthysuj) wrote in
news:20040427195347.15479.00000423@mb-m05.aol.com:
"David W." usenet@walc.com.pluto wrote:Did the program director represent that he would/had signed thecontract? The program director is usually advised by a lawyer. So if the resident ever sues the argument will go like: 'I signed the contract expecting to continue for the 2nd year and didn't apply elsewhere. It was too late when the program director told me that there never was a contract for 2nd year". Is that a winning argument?

That's what my no-legal-education mind was thinking. I'm sure there are
lots of $2 words that would go along with it. You'd really have to consult
a lawyer experienced in employment contract law in your state to get a real
answer.

"Bush will disarm all workers next" <dakshing64@yahoo.com> wrote in message
news:f26c87f0.0404271407.381297a7@posting.google.c om... Interested to know the answer. The program director's parting words are: "I made you sign the contract thinking you'll continue for another year, but I didn't sign it... so you're screwed." The resident was matched into the program by the computer match service (ERAS). Is there a legal recourse? One can say move on. But these days medical residencies are not offered on phone/interview any more. One has to go thru computer match service. And there is no computer match for a resident who has finished one year of residency. It is extremely difficult to find a 2nd year position if the program fires a resident at the end of first year.

Look up some basic contract law. By giving the resident the contract he was
extending an offer, by signing it the resident was accepting the offer. As
long as the contract was drawn up by the director I don't think he has to
sign it for it to be enforcable.

I'm not a lawyer.