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Employed in a state known as "employed at will" and working in a state such that employers need not show employees their personal employment file...

R

Richard Schoen

Member
Jun 3, 2006
36
5
8
School/Org
Univeristy of Houston College of Optometry
City
Lutherville
State
MD
Am employed in such a state and have experienced a toxic relationship
with my employer (a large institution). I was ambushed, called into a
meeting termed "discussion". Once in the meeting, the two administrators
had a look of hatred in their faces and verbally accused of receiving complaintts from staff of me of saying
"sexual" comments to staff and that the admins. asked my to stop on multiple occasions but that I continued.
The implication is that I am a ex pervert with no self-control.
All lies. I have no desire to make such comments and know that such comments
could cost me my state license which I've maintained
unblemished since 1981. It almost seems as if they have me confused with someone
else. My career history: No complaints to the state Board ever, no malpractice cases and no known
breach of patient safety, ever.

My spouse is a public school teacher and belongs to a teacher's union. I have
no organization to back me up in this dispute. But wait... the admins
accused me of "he said-she-said" stuff. Yet...the admins. continue to keep me fully
scheduled where I am in a small exam room with patients in private. Nothing adds up.

Perhaps someone at work is envious, jealous or has some sort of personality disorder.
Am wondering if the admins. want me out because I do not charge aggressively
regarding clinical fees that are self-pay"...although my P&L is
in the black when including profits from the optical department.

I plan to retire in 6 to 8 months from now anyhow and receive my job-related benefits via my spouse.
Don't need the money but want to end my career on a high note. and must give 6 months notice.
Why do they attempt to poison my reputation by spreading lies that essentially imply that I am a perv.? I and many others many others that
have known me for a long time agree that I am being lied to to my face by the admins. My wife supports me and knows and accepts that I am being lied to...I will accept legal guidance in this forum but already know that in an employement at will state, an attorney will say the employer can do what they want except if discrimination can proven. The rules of my employer are that I cannot ask who or whom complained about verbal comments that are thought of as inappropriate. I cannot find out who complained about me and cannot confirm veracity of complaints per policy. I've known for many years that such comments are not tolerated and never did said or implied inappropriate comments. Optometry is practiced with honor and respect.
Am I in a protected class given that I will be 70 years old in next July? The situation as it stands npw is that those we work with can attack falsely and be protected.
 
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sorry to hear this is happening to you. If you work where I believe you do, I would ask for some type of hearing to investigate.

Did they terminate you? You can also go to the state for termination without cause. Honestly I would probably contact an attorney, especially if you have used one in the past.
 
Thank you, Matt Judd. They did not terminate me, they stated that they will not renew my
contract. Strangely, they provided me with two contracts, a number of months ago; one of them for a year and another for two years. This what happens when administrators are self-righteous and have an attitude of "Holier than thou".
They've placed patients on my clinical schedule that are scheduled in a bizarre maner such as a patient very recently
with monocular diplopia among other symptoms. I knew instantly that the PC-IOL was not centered post cataract surgery,
The surgery was done "in house" and the post-surgical problem was scheduled with myself, an OD. This is institutional
malfeasance. I can and perhaps should hire an attorney but I tried it once a year ago and it cost me over $3750 and the attorney
said that the only way I could win is to prove discrimination. Not an easy task.
 
Richard Schoen said:
Thank you, Matt Judd. They did not terminate me, they stated that they will not renew my
contract. Strangely, they provided me with two contracts, a number of months ago; one of them for a year and another for two years. This what happens when administrators are self-righteous and have an attitude of "Holier than thou".
They've placed patients on my clinical schedule that are scheduled in a bizarre maner such as a patient very recently
with monocular diplopia among other symptoms. I knew instantly that the PC-IOL was not centered post cataract surgery,
The surgery was done "in house" and the post-surgical problem was scheduled with myself, an OD. This is institutional
malfeasance. I can and perhaps should hire an attorney but I tried it once a year ago and it cost me over $3750 and the attorney
said that the only way I could win is to prove discrimination. Not an easy task.
Click to expand...
I believe I would simply resign
Richard Schoen said:
Thank you, Matt Judd. They did not terminate me, they stated that they will not renew my
contract. Strangely, they provided me with two contracts, a number of months ago; one of them for a year and another for two years. This what happens when administrators are self-righteous and have an attitude of "Holier than thou".
They've placed patients on my clinical schedule that are scheduled in a bizarre maner such as a patient very recently
with monocular diplopia among other symptoms. I knew instantly that the PC-IOL was not centered post cataract surgery,
The surgery was done "in house" and the post-surgical problem was scheduled with myself, an OD. This is institutional
malfeasance. I can and perhaps should hire an attorney but I tried it once a year ago and it cost me over $3750 and the attorney
said that the only way I could win is to prove discrimination. Not an easy task.
Click to expand...
Ask them if they will let you resign without meeting the 6 months notice. Or just go ahead and resign. What can they do to you? Fire you? You ain’t leaving on a “high note” as it is and the aggravation is bad for your mental health.
 
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If you're planing to retire in six months anyways, I would just ask if you could retire now and just be gone. Screw 'em.
 
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Wilmer Eye Institute?

Any negativity from the administration before this?

Doubt you can fight them about this and win in any way.

Since things have generally been good over the years and you want to retire soon:
IMO either continue on for the few months you had planned putting on a happy face
and ride it out or quit early and enjoy retirement.
 
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Michael Molamphy said:
Please contact Craig S. Seems to me they could be liable for smearing your good reputation,
Click to expand...
hi Richard

Sorry to see this happen to you at this stage. It has been a long time, but you remember when we were preparing for the Maryland Board?

I think the suggestion to contact Dr. Steinberg has merits.

Best of luck
 
If you want to get rid of someone in a “protected class” you must develop or have a “legitimate business reason.” Creating claims of sexual harassment is low hanging fruit when it comes to fabricating a legitimate business reason to terminate someone you really wanted out due to age (or some other protected reason). It shifts the burden to the accused to prove (or establish evidence) that the claim is a pretext, and not true. In the case of a sexual harassment (“he said inappropriate things, like I look nice today, and that’s a cute blouse”) all it takes is one person to say you said it and that creates cover for the employer. It is a pure he-said she-said, and the employer can simply believe her.

I concur with others, I’d tell them to take a hike, I’d frame it as - you have made false accusations against me, accused me of things that I did not do, and I cannot continue to work for you under such circumstances.
 
Craig Steinberg OD JD said:
If you want to get rid of someone in a “protected class” you must develop or have a “legitimate business reason.” Creating claims of sexual harassment is low hanging fruit when it comes to fabricating a legitimate business reason to terminate someone you really wanted out due to age (or some other protected reason). It shifts the burden to the accused to prove (or establish evidence) that the claim is a pretext, and not true. In the case of a sexual harassment (“he said inappropriate things, like I look nice today, and that’s a cute blouse”) all it takes is one person to say you said it and that creates cover for the employer. It is a pure he-said she-said, and the employer can simply believe her.

I concur with others, I’d tell them to take a hike, I’d frame it as - you have made false accusations against me, accused me of things that I did not do, and I cannot continue to work for you under such circumstances.
Click to expand...
Glad I posted here. Some additional facts:
A. we are paid salary plus bonus for haing a P&L in the black. That money is due to me either this Friday or two Fridays from now. I plan to lay low until that $18,000 to $23,000 (before txes) is in the bank.
B. They already created a raft of **** over it during the previous year because I did not close 98% of my E-notes (EPIC) within 14 days fo three months. Am not lazy, was hospitalized one of those months for three days ("We don't take health into consideration" and the other two months, missed by fraction of a percent.
C. I suspect that I am being spied on (ratted out) by someone with a personality disorder.
D. Administrators can be self-righteous.
Yes, I want out but hoped to continue the income for a few more months and starting elsewhere at close to age 70 is likely to be awkward.
E. I am an OD that attains great results for patients but that doesn't matter in an institutional setting.
F. Guess I'm gonna have to get out of the situation sooner than I would have thought.
G. I'm under annual contract. Can I quit without giving nthe required six months notice since they lied?
 
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Take the bonus and run.

6 months notice. But now you developed a shoulder injury, and now your lower back is killing you, so you are giving 10 days notice.

Come on. At age 70, as a double income couple, you should certainly have all your ducks in a row and be able to pull the trigger. You have been qualified for MC & SS. If you love a job and your health is great, then go for it, but if you are in a hostile environment, just tell em:

Take this job and...

 
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Richard Schoen said:
Glad I posted here. Some additional facts:
A. we are paid salary plus bonus for haing a P&L in the black. That money is due to me either this Friday or two Fridays from now. I plan to lay low until that $18,000 to $23,000 (before txes) is in the bank.
B. They already created a raft of **** over it during the previous year because I did not close 98% of my E-notes (EPIC) within 14 days fo three months. Am not lazy, was hospitalized one of those months for three days ("We don't take health into consideration" and the other two months, missed by fraction of a percent.
C. I suspect that I am being spied on (ratted out) by someone with a personality disorder.
D. Administrators can be self-righteous.
Yes, I want out but hoped to continue the income for a few more months and starting elsewhere at close to age 70 is likely to be awkward.
E. I am an OD that attains great results for patients but that doesn't matter in an institutional setting.
F. Guess I'm gonna have to get out of the situation sooner than I would have thought.
G. I'm under annual contract. Can I quit without giving nthe required six months notice since they lied?
Click to expand...
Google “constructive termination.” If they make your job conditions intolerable to the point that a reasonable person in your position would quit, they have actually fired you by forcing you to quit. That’s the position you’d take here… they have left you no choice by making you work under the conditions of having been falsely accused of sexual harassment. Work, then use some vacation days, sick days, PTO, etc., until that bonus money comes.
 
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Craig Steinberg OD JD said:
If they make your job conditions intolerable to the point that a reasonable person in your position would quit, they have actually fired you by forcing you to quit.
Click to expand...
I know a young female attorney that was working under those exact conditions. I counseled her to line up the new gig, then pull the trigger. Yesterday morning she was a bit of a wreck, but pulled the trigger and came home a renewed person. They micro managed her and degraded her daily, and gave her huge assignments every day at 4 pm, due by 10 AM the next day. They never mentored her. After she gave notice they told her she a remarkable hard working young associate.Yeah right bozo. He is going to have so much agita when his pet associate goes out on maternity in a couple of months.

I get the difference between the beginning of a career and the end of a career. I would not let these buffoons bully me.
 
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Richard Schoen said:
.... the admins. asked me to stop on multiple occasions but that I continued...
Click to expand...
This is the comment I'm curious about.
Did they actually do this?
Do they have documentation that you were given multiple formal warnings?

I'd probably say, "Give me a significant severance package & I'll go away at the end of the quarter, else I plan to dispute it."
 
There are times when Adam and I question the value of ODwire.org.

Then there are topics and pure gold responses, nowhere else to be found.

This topic is an example.

Thanks folks.
 
i would be more aggressive if someone smeared my good reputation. many years ago false statements were made to my employer by a lying jerk. I fired back, informing the community that he had been bringing young men to a remote camp, alone, for "counseling", when he had no qualifications for such counseling. I was eyewitness to his bragging about his "mentoring" of troubled young men. He already had a bad reputation in the community. No further slander was heard from the jerk.
 
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