Got fired from my J1 waiver position, what do i do?

J

july1375

Registered Users (C)
Today my employer fired me with no notice. He said that he will not give me the 90 day notice 'cause I harmed his practice and told me not to come back to work as of tomorrow.
How long do I have before I can find a new job? I don't think I can find a new job within a month as everybody knows that it takes time to find a J1 waiver job.
I'm really frustrated now. Appreciate any input.
 
Did he have an actual reason that falls under the 'termination without cause' provisions of your contract ? Usually, this is limited to severe instances such as getting your DEA or medicare# revoked.

If you think he fired you for no good reason (in the sense of your contract), consider going to court to obtain an injunction compelling him to employ you for the notice period (doesn't mean you have to actually work, just that the employment relationship continues). That at least gives you 3 months in status to find a new job. (in a 'at will' state, you won't be able to compel him to rehire you, but you will certainly be able to sue for the 3month salary).

The problem is , by being fired you currently don't have a legal status. I don't know the exact rules for H1b, but your time to sort this out is limited.

Get an attorney. In this case an employment law attorney.
 
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Look for a job in the same underserved area

Can you find a job in the same underserved area ?
Can the hospital or another practice hire you.

Contact a good lawyer to get advice.

MDGUTS
 
I have non compete clause and I can't work in the same county for 2 years. I know it's not allowed to have non compete clause in J1 waiver contract but he wouldn't sign the contract without it, so I had an addendum contract stating non comepete clause. So I can't find any new job in the county.
My contract also states that I owe him money if I do any harm to the company and I think he's going to sue me for money. I'm really scared now.
I don't know what to do. I think I should get a contract lawyer but without legal status, I don't know how that's going to work.
 
i would not worry about the non compete clause at all, just go to the hospital where you had privileges and talk to the administrator or other people in position of hiring, i am sure they would be able to employ you. or go to the near by hospitals where you can hopefully work out a deal. first priority is to get a job, non compete and all that can be worked out later.
As you said, non compete clause is not legal in a j1 job. otherwise send a blitzkrieg of resumes via email/fax/mail to all available positions in NEJM, Annals of medicine, JAMA. There is a lot of need for doctors. you should be fine.
 
I wonder what you did to draw this wrath on you ? (rhetorical question, please don't answer, read below)

The non-compete is void. It violates the public interest to have a non-compete restrict a physician from practicing in a federally designated shortage area. He will posture to sue you, but if he actually did, his suit would be laughed out of court at the first prelimnary hearing.

Ok, now here some advice:

- don't discuss this matter with anyone, and please don't post any further details on this internet bulletin board
- retain an attorney familiar with physician contract law in your state (your state medical society can give you a referral) and discuss the case with him AND ONLY HIM. EVERYTHING YOU POST HERE ABOUT THE CASE CAN POTENTIALLY COME BACK TO BITE YOU IF YOU INDEED END UP IN COURT ON THIS MATTER. EVERYTHING YOU DISCUSS WITH YOUR ATTORNEY IS PRIVILEDGED COMMUNICATION, ANYTHING YOU POST HERE OR DISCUSS WITH A 'FRIEND' IS DISCOVERABLE IN A LAWSUIT (sorry to yell, but I had to put some emphasis here).
- After you have retained an attorney, document, document, document. Write down a memory protocol of everything that transpired between you and the employer. Note the names of potential witnesses but DON'T CONTACT THEM.
- find a new job ASAP, preferably at the same practice location (don't worry about the non-compete). Talk to your hospital CEO, he might be willing to hire you and set you up with office space. Talk to other physician groups in the area. In case of a job in the same location, all you have to do is a H1b transfer and a letter to the state health department informing them of your new employer.
 
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I agree

Hadron is right.
Do not discuss this anymore in the public forum. Talk with an attorney and get things moving.

Try to see if you can find some more time with your employer. If your attorney contacts your employer challenging your firing, then it may buy you some time.

Look for a position in the same underserved area ( can be same or a different county)

MDGUTS
 
Your Posting took my heart, my employer fired me with out cause, in breech of contract. very abusive person, we all three me & my friend as always H1B and the J-1 waiver guy left, kick his "a" and joined the neighbouring hospitals.
All three has $50k bond, and non compete. cannot dicuss details, but non compete clause are not validated in HPSA areas, its against public interests(not just for mere a bussiness interest to enforce them..... so there is no non complete clauses for J-1 visas waiver in any state.
Second get a good attorney any threat from the employer is dealt harsly between attorneys, accused him for breech and counter sue for not less then a million, if he threatens you, your attorney will send him a good letter.

But you are right, find a job ASAP, if you have completed 3 years and have a NIW approved consider opening a practice/ER supplement for survival for now till you straighten all your papers.
I will be free available to further consultation.
 
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