Legal Question in Employment Law in District of Columbia
harassment by the doc
last year i was on my way to nursing school and my boss asked me would i postpone entering nursing school for 1 year in exchange for paying for nursing school he typed up an agreement stating that he would pay for the schooling i do have this in writing the problem is that since that time he seems to be making moves to provoke me to quit or looking for a way to fire me i have worked for this doctor for the past4 years the agreement states as follows:this letter is to officially document that i am going to pay for your two years of clinical education for nursing school this is written by way of a guarantee the method of payment will be directly to the college of nursing once i am presented with the appropriate bills i will be responsible fully for all tuition bills to complete your two year course of study you have done an outstanding job over the past four years my hope is that we have helped you along in a good direction vis-a-vis your medical career hopefully one way or another you will always be connected to the office but you are under no legal obligationto do this what are my legal rights as an employee while having him stick to his part of the agreement or if he fires me what rights do i have in terms of the agreement
1 Answer from Attorneys
Re: harassment by the doc
The agreement itself is arguably but not definitely enforceable. Since the agreement does not say that it is in return for your one year of service, the doctor could claim that it is merely a "gratuitous promise" that is not enforceable.
This gets a bit complicated and might depend on whether a court would hear what is called "parol" evidence, or evidence of what the parties intended since the contract is silent on the matter.
It is also possible that if you quit or are fired, the contract would not be enforceable since you did not fulfill your end of the 1 year agreement.
That raises the issue of something called the convenant of good faith and fair dealing, which exists in every contract. It is possible that the doctor's behavior is in breach of this covenant and thus of the contract. He could therefore be liable to you for damages (the cost of the nursing school, for example) if you quit and have to pay for the schooling yourself. However, you would have to sue to get this, so it is preferable to find another solution.
The question then is what to do? If the one year of service is almost done, you of course might stick it out until the year is up and hope he comes through. Or, you might negotiate with him now to iron out the problem and make sure he will come through.
In any case, you have the right to be free from abusive conduct at work, but sometimes that simply means you can quit - not necessarily bring a claim. It depends on the doctor's behavior.
As to the contract, if he forces you to quit, or renegs, you can definitely sue to enforce it. But as I said above, it is not a sure winner.
You might also have a claim for wrongful constructive discharge (meaning you were forced to quit and the discharge is wrongful due to the contractual issue), but that is a bit complicated and questionable as well.
If you want to discuss the possibilities, please call me for a free consultation. If you decide that you need an attorney to negotiate for you or otherwise represent you (for example, to get the doctor to act in good faith and uphold his end of the bargain), I can represent you for a reasonable fee. It may be an easy matter that can be handled with a letter to the doctor and a few calls.
Good luck and feel free to call Tuesday or whenever is convenient for you.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
6932 Mayfair Road
Laurel, MD 20707
301.604.2497
fax: 301.776.3954
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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