If the hospital has not kept up with their duty to him to provide regular feedback or the feedback they have provided has all been positive and suddenly he is getting negative feedback, then this is grounds to first appeal the negative feedback through the board overseeing fellowships. If the board does not find in his favor, he would have to file suit in court for breach of the fellowship contract for failure to follow the ACGME guidelines and for providing all positive feedback and then suddenly changing without warning and argue this is arbitrary and capricious and is being done for some retaliatory or unlawfully discriminatory purpose (which is what the circumstantial nature of a sudden 180 degree turn in his performance evaluations would suggest). At this point he should consider getting a local employment law attorney to assist him in appealing this to the board and taking it to court if that is required.
I hope you found my answer helpful, but please understand that if you did not get all of the information you may have wanted to use the REPLY button and we are happy to continue working with you.
If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”