# Questions residents ask, answered

Short answers to every question our guides cover, grouped by topic. Each answer links to the full guide and its sources. This is general information, not legal advice. If a deadline is running, [start a confidential intake](https://www.residenthelp.org/intake).

## Getting help from Resident Help

### What does Resident Help cost?

Intake and case review are free. If you need a lawyer, independent counsel works for a reduced flat fee, with no hourly billing, paid to counsel. Resident Help has no referral or fee arrangement with any lawyer and receives nothing. [Read: Facing dismissal from residency: deadlines, due process, and help within 48 hours](https://www.residenthelp.org/dismissal)

### How fast can I get help if my deadline is days away?

Send an intake with your deadline. If your situation needs a lawyer, we connect you with independent counsel within 48 hours. Most residents reach us days before a deadline. [Read: Facing dismissal from residency: deadlines, due process, and help within 48 hours](https://www.residenthelp.org/dismissal)

### Is Resident Help a law firm?

No. Resident Help is a South Carolina nonprofit in formation that specializes in resident dismissals. It does not give legal advice or represent residents. Submitting an intake does not create an attorney-client relationship. [Read: Facing dismissal from residency: deadlines, due process, and help within 48 hours](https://www.residenthelp.org/dismissal)

### I am an international medical graduate on a J-1. What changes?

Intealth, formerly ECFMG, sponsors J-1 physicians. A termination, or a resignation in lieu of termination, can end eligibility for future sponsorship, and Intealth does not intervene in disputes with your program. Get immigration counsel the day you receive notice and do not resign until counsel has reviewed it. [Read: Facing dismissal from residency: deadlines, due process, and help within 48 hours](https://www.residenthelp.org/dismissal)

### Do I have a right to a hearing before I am dismissed?

The ACGME requires every sponsoring institution to have a due process policy for suspension, non-renewal, non-promotion, and dismissal. That policy sets the hearing or appeal you are owed and its deadline. [Read: Facing dismissal from residency: deadlines, due process, and help within 48 hours](https://www.residenthelp.org/dismissal)

## Resignation offers and negotiating an exit

### I was asked to resign from residency today. What should I do?

Do not sign anything in the meeting. Say that you want to review the document and will respond by a stated date. Tonight, save your agreement, the due process policy, the grievance policy, and every written notice to a personal device, and write down what was said while it is fresh. Get your certifying board's eligibility consequences in writing, and talk to someone on your side before you speak with the program again. A same day deadline is pressure, not a rule you are bound by. [Read: Asked to resign from residency? Do not sign anything today.](https://www.residenthelp.org/blog/asked-to-resign-residency-what-resignation-changes)

### Is resigning from residency better than being dismissed?

Not automatically. Resignation usually ends the due process the ACGME requires your institution to provide before your side of the record is ever tested. State licensure, hospital credentialing, and fellowship applications still ask whether you ever resigned from a training program or resigned while under investigation, so you answer that question for the rest of your career, without a hearing record that tells your side. Program verification letters follow you either way. [Read: Asked to resign from residency? Do not sign anything today.](https://www.residenthelp.org/blog/asked-to-resign-residency-what-resignation-changes)

### Does resigning instead of being dismissed avoid an NPDB report?

Usually there is nothing to avoid: an action taken within the scope of a training program is generally not reportable as a clinical privileges action. Resigning while under investigation can carry its own reporting and disclosure consequences in some settings, so do not let anyone's shorthand about the Data Bank rush your signature. [Read: Asked to resign from residency? Do not sign anything today.](https://www.residenthelp.org/blog/asked-to-resign-residency-what-resignation-changes)

### My residency program wants me to resign or be terminated. What should I do?

Do not decide in the meeting. Ask in writing for the documents the decision rests on and for more time, read your contract for every way it can end, check your board's continuity rules, and get advice before you answer. Resignation is often the weakest exit, not the safest. [Read: Resign or be dismissed: what to do in the first 48 hours](https://www.residenthelp.org/blog/resign-or-be-dismissed-residency-first-48-hours)

### Can I get more time to decide whether to resign from residency?

Often, yes. Short deadlines on resign-or-dismiss elections and on appeal meetings are commonly extended when someone asks in writing and explains why the documents are needed first. [Read: Resign or be dismissed: what to do in the first 48 hours](https://www.residenthelp.org/blog/resign-or-be-dismissed-residency-first-48-hours)

### What if every option my program offers ends in resignation?

Some elections offer resignation now or a suspension followed by resignation. When every option ends the same way, it is a deadline, not a choice. Ask for the documents, an extension, and whether your contract allows a different exit, such as mutual separation or termination without cause. [Read: Resign or be dismissed: what to do in the first 48 hours](https://www.residenthelp.org/blog/resign-or-be-dismissed-residency-first-48-hours)

### I already emailed offering to resign. Is it too late?

Not necessarily, but it creates a record the program can use. Withdraw it in writing promptly and get advice before you send anything else. [Read: Resign or be dismissed: what to do in the first 48 hours](https://www.residenthelp.org/blog/resign-or-be-dismissed-residency-first-48-hours)

### My residency gave me the option to resign or be suspended. What should I do?

Do not answer on the spot. Ask in writing for the documents behind the decision and for more time. Then compare both options against your contract's exit clauses and your board's rules. If both end in resignation, neither is the only option. [Read: Resign now, or a suspension and then resign? When both options are the same](https://www.residenthelp.org/blog/resign-or-suspension-then-resign-residency)

### Is a suspension followed by resignation better than resigning now?

Often it is worse. A suspension is one more adverse entry that verification and licensing forms ask about, and the resignation still happens. Ask how each option would be recorded and reported before choosing. [Read: Resign now, or a suspension and then resign? When both options are the same](https://www.residenthelp.org/blog/resign-or-suspension-then-resign-residency)

### How long do I have to answer a resign-or-be-suspended election?

Elections like this often carry deadlines of 24 to 72 hours. Short extensions are commonly granted when someone asks in writing and explains that the documents are needed first. [Read: Resign now, or a suspension and then resign? When both options are the same](https://www.residenthelp.org/blog/resign-or-suspension-then-resign-residency)

### What can I negotiate if my residency program wants me to resign?

Depending on your record and contract: staying with defined conditions, probation recorded as completed, any pending recommendation withdrawn, a separation label other than resignation, the agreed text of your summative and verification of standing, credit for training completed, pay and benefits through a date, and the program's written position on reporting. These are asks, not guaranteed results. [Read: Your residency program wants you to resign. Here is what a realistic outcome can look like.](https://www.residenthelp.org/blog/what-you-can-negotiate-when-your-program-wants-you-to-resign)

### Is a neutral summative enough if I resign?

Usually not on its own. A favorable summative attached to a record that still shows probation and a resignation while dismissal was pending rarely gets a resident placed. The summative and the way your departure is characterized have to be negotiated together, with the full text agreed and attached to the agreement. [Read: Your residency program wants you to resign. Here is what a realistic outcome can look like.](https://www.residenthelp.org/blog/what-you-can-negotiate-when-your-program-wants-you-to-resign)

### Is resigning always the safest way to leave residency?

No. Resignation is often the weakest exit available. Depending on your contract, mutual separation or termination without cause may be options, and some specialty boards treat a resignation under threat of dismissal as disqualifying for continuity waivers. Check both before agreeing to resign. [Read: Your residency program wants you to resign. Here is what a realistic outcome can look like.](https://www.residenthelp.org/blog/what-you-can-negotiate-when-your-program-wants-you-to-resign)

### When do residents have the most leverage in a separation negotiation?

Usually before a final decision issues. Once a dismissal is final and an internal appeal is decided, most of what remains is the record that follows you, so draft the terms you want before that point. [Read: Your residency program wants you to resign. Here is what a realistic outcome can look like.](https://www.residenthelp.org/blog/what-you-can-negotiate-when-your-program-wants-you-to-resign)

### What is a neutral summative evaluation in residency?

The summative evaluation is the program director's final assessment of a resident's performance. A neutral summative describes training completed and competencies without adverse characterization. Residents often ask for one when agreeing to leave a program. [Read: Resignation with a neutral summative: what to ask for, and what it will not fix](https://www.residenthelp.org/blog/neutral-summative-resignation-residency)

### What should I ask for besides a neutral summative?

The answers your program will give on verification forms. Ask for the full verification text, probation recorded as completed, nothing pending when you leave, and a separation label other than resignation, all negotiated together with the summative. [Read: Resignation with a neutral summative: what to ask for, and what it will not fix](https://www.residenthelp.org/blog/neutral-summative-resignation-residency)

### Can my program change my summative after I sign a separation agreement?

Not if the full text is agreed and attached to the agreement, and the program commits to sending that same text unchanged. A promise to work out the language later is worth very little once you have signed. [Read: Resignation with a neutral summative: what to ask for, and what it will not fix](https://www.residenthelp.org/blog/neutral-summative-resignation-residency)

### What is a last chance agreement in residency?

A written agreement in which a resident stays in the program in exchange for conditions, and usually a waiver of rights such as a hearing if the program says a condition was broken. It is a contract, so its exact words decide what happens later. [Read: Last chance agreements in residency: what to check before you sign](https://www.residenthelp.org/blog/last-chance-agreement-residency)

### Should I sign a last chance agreement?

Sometimes it is the best available path. Before signing, check the termination triggers, who judges compliance, what rights you give up, how long it lasts, and how it will be recorded. Have someone who reads these documents regularly review it. [Read: Last chance agreements in residency: what to check before you sign](https://www.residenthelp.org/blog/last-chance-agreement-residency)

### Can I negotiate a last chance agreement?

Often, yes. Common asks are objective conditions, a neutral decision-maker for compliance, a defined end date, preserved appeal rights for disputed facts, and an agreed description for verification forms. [Read: Last chance agreements in residency: what to check before you sign](https://www.residenthelp.org/blog/last-chance-agreement-residency)

## Appeals, hearings, and deadlines

### How do I appeal a dismissal from residency?

File a written hearing or appeal request under your institution's due process policy before its deadline, ask for the documents the decision relied on, and build your case on the policy and the program's own records. The ACGME requires every sponsoring institution to have such a policy. [Read: How to appeal a residency dismissal, step by step](https://www.residenthelp.org/blog/how-to-appeal-residency-dismissal)

### What wins residency dismissal appeals?

Usually process, not fairness arguments alone: whether the program followed its own written policy, gave proper notice, completed required steps, and relied on grounds the record supports. Courts give academic decisions deference unless they substantially depart from accepted academic norms. [Read: How to appeal a residency dismissal, step by step](https://www.residenthelp.org/blog/how-to-appeal-residency-dismissal)

### What happens if my residency appeal is denied?

Check whether the policy allows another level of appeal. Often there is one level, or none. What remains is usually the record that follows you, so have the terms you would ask for drafted before the decision. [Read: How to appeal a residency dismissal, step by step](https://www.residenthelp.org/blog/how-to-appeal-residency-dismissal)

### My residency dismissal was rescinded. What should I do first?

Get the return plan in writing: who coordinates it, what comes first, and the dates. Then ask in writing about your pay and status for the gap and how your file will show the rescission. [Read: Your residency dismissal was rescinded on appeal. What now?](https://www.residenthelp.org/blog/residency-dismissal-rescinded-on-appeal-what-next)

### Does a rescinded dismissal mean my remediation starts over?

It depends on what the decision says and on your program's policy. Ask for the remediation terms in writing, with the deficiencies, the criteria for completion, who evaluates, and the dates, before the clock starts. [Read: Your residency dismissal was rescinded on appeal. What now?](https://www.residenthelp.org/blog/residency-dismissal-rescinded-on-appeal-what-next)

### Can my program take a new adverse action after a dismissal is rescinded?

A new action is still governed by the same due process policy, with the same notice and appeal rights. Keep calendaring every deadline, and get advice on anything new before you respond. [Read: Your residency dismissal was rescinded on appeal. What now?](https://www.residenthelp.org/blog/residency-dismissal-rescinded-on-appeal-what-next)

### My residency appeal deadline is in a few days. What should I do first?

Confirm the exact deadline and what starts it in your due process policy, then file a short written request for a hearing or appeal before it passes. Ask for the documents and any extension in the same letter. Do not wait until your argument is ready. [Read: Your residency appeal deadline is days away: what to do in the next 48 hours](https://www.residenthelp.org/blog/residency-appeal-deadline-days-away)

### Can I ask for more time to appeal a residency decision?

Often, yes. Ask in writing before the deadline and explain why, usually that you need the documents the decision relied on. File the appeal request on time anyway, in case the extension is refused. [Read: Your residency appeal deadline is days away: what to do in the next 48 hours](https://www.residenthelp.org/blog/residency-appeal-deadline-days-away)

### Does my appeal deadline start at the meeting or when I get the letter?

Usually when you receive the written notice, but read your policy. If you were told verbally and never received a letter, ask for one in writing the same day. [Read: Your residency appeal deadline is days away: what to do in the next 48 hours](https://www.residenthelp.org/blog/residency-appeal-deadline-days-away)

### How long do I have to appeal a residency dismissal?

It depends on your institution's policy. Grievance or hearing requests commonly must be filed within 10 to 30 days, and some written-appeal windows are as short as five business days. The clock usually runs from the written notice, not the meeting. Read the policy in effect on the date of the action and calendar the deadline the same day. [Read: Deadlines you cannot miss after a residency dismissal or adverse action](https://www.residenthelp.org/blog/deadlines-after-residency-dismissal)

### Does an internal appeal stop my termination or pause other deadlines?

Usually not. Pay and benefits typically stop on the termination date while the grievance proceeds, and outside deadlines, such as the EEOC's, keep running whatever happens internally. [Read: Deadlines you cannot miss after a residency dismissal or adverse action](https://www.residenthelp.org/blog/deadlines-after-residency-dismissal)

### Which residency deadlines can be extended?

Internal deadlines, such as an election, a committee meeting, or an appeal meeting, are commonly extended when someone asks in writing and explains why. The EEOC charge deadline cannot be extended once it has passed. [Read: Deadlines you cannot miss after a residency dismissal or adverse action](https://www.residenthelp.org/blog/deadlines-after-residency-dismissal)

### Do residents have a right to a hearing before dismissal?

Accredited institutions must have a due process policy for suspension, non-renewal, non-promotion, and dismissal. The policy itself sets the hearing procedure, deadlines, panel, and any further appeal. [Read: How a GME due process hearing works, and how to prepare for yours](https://www.residenthelp.org/blog/gme-due-process-hearing-how-to-prepare)

### How do I prepare for a residency due process hearing?

Build a dated chronology, mark every place it departs from the written policy, gather your evaluations and remediation records, and focus on whether the action is supportable under the policy. [Read: How a GME due process hearing works, and how to prepare for yours](https://www.residenthelp.org/blog/gme-due-process-hearing-how-to-prepare)

### Is a grievance the same as a due process hearing?

No. A grievance is a complaint you raise; due process protects you when the institution acts against you. They usually have different procedures and different clocks. [Read: How a GME due process hearing works, and how to prepare for yours](https://www.residenthelp.org/blog/gme-due-process-hearing-how-to-prepare)

### Can I bring a lawyer to my residency appeal?

It depends on your institution's policy. Many academic appeal bodies bar lawyers from the meeting or allow them only as silent advisors. Read the hearing rules in the policy in effect on the date of the action, and ask in writing if anything is unclear. [Read: No lawyers allowed at your residency appeal meeting? You still do not have to go in alone](https://www.residenthelp.org/blog/can-i-bring-a-lawyer-to-residency-appeal)

### Who can be my advocate at a residency appeal if lawyers are not allowed?

Policies often limit advocates to faculty, staff, or other residents of the institution. Check the definition before you ask someone, because a person outside it may not be allowed to speak either. [Read: No lawyers allowed at your residency appeal meeting? You still do not have to go in alone](https://www.residenthelp.org/blog/can-i-bring-a-lawyer-to-residency-appeal)

### Should I send my residency appeal committee a letter from my lawyer?

Usually not. A lawyer's demand letter placed before an academic committee can make the committee defensive. Counsel's role is usually behind the scenes: shaping your written statement and corresponding separately with the institution's legal office about the record. [Read: No lawyers allowed at your residency appeal meeting? You still do not have to go in alone](https://www.residenthelp.org/blog/can-i-bring-a-lawyer-to-residency-appeal)

### How do I request a grievance hearing after a residency dismissal?

Read your institution's grievance and due process policy for the deadline, the recipient, and any required form. Then send a short written request, on time, that names the policy and the decision, requests a hearing, and lists the documents you need. [Read: How to request a grievance hearing after a residency dismissal: an outline with a document demand](https://www.residenthelp.org/blog/residency-grievance-appeal-request-template)

### Should I explain my side of the story in a grievance request?

Keep it brief. The request preserves the right and gets you the documents. Arguing the whole case before you have the record risks conceding facts or missing the point that matters. [Read: How to request a grievance hearing after a residency dismissal: an outline with a document demand](https://www.residenthelp.org/blog/residency-grievance-appeal-request-template)

### Can I use a grievance request template as is?

Use a template to check structure, not as your filing. Every policy has its own requirements, and generic drafts do not know your file. Have counsel review the request before it goes to the program. [Read: How to request a grievance hearing after a residency dismissal: an outline with a document demand](https://www.residenthelp.org/blog/residency-grievance-appeal-request-template)

### Should I still file a grievance if I want to leave residency anyway?

Usually yes. Filing preserves the right on time, and most policies allow you to withdraw the request later. Letting the deadline pass gives up the right permanently, along with options for how your separation is recorded. [Read: Ready to walk away from your residency? File this first](https://www.residenthelp.org/blog/file-grievance-even-if-leaving-residency)

### Will filing a grievance hurt my chances of a clean separation?

Usually the opposite. A pending grievance is one of the few things that keeps the terms of your departure open for discussion. Once the deadline passes, there is much less reason for the program to discuss them. [Read: Ready to walk away from your residency? File this first](https://www.residenthelp.org/blog/file-grievance-even-if-leaving-residency)

### What does a residency grievance request need to say?

At minimum, that you request a hearing or appeal under the named policy, and what you need to prepare: the documents the decision relied on. See our grievance request outline. [Read: Ready to walk away from your residency? File this first](https://www.residenthelp.org/blog/file-grievance-even-if-leaving-residency)

### Can a resident be fired without a hearing?

Accredited institutions must provide due process for dismissal under their own written policy, so a hearing or appeal is usually available. What form it takes, and whether it is a live hearing or a record review, depends on the policy. [Read: Can a resident be fired without a hearing?](https://www.residenthelp.org/blog/can-a-resident-be-fired-without-a-hearing)

### My program says my dismissal is academic, so no hearing is required. Is that right?

Courts have accepted that a genuinely academic dismissal needs no formal hearing, but only where the trainee was fully informed of the deficiency and the decision was careful and deliberate. Your institution's own policy may also promise more process than that. [Read: Can a resident be fired without a hearing?](https://www.residenthelp.org/blog/can-a-resident-be-fired-without-a-hearing)

### Does it matter if my hospital is public or private?

Yes. At public institutions, constitutional due process arguments may be available. At private institutions, disputes usually turn on contract and whether the institution followed its own written policies. [Read: Can a resident be fired without a hearing?](https://www.residenthelp.org/blog/can-a-resident-be-fired-without-a-hearing)

### Does my residency program have to have a grievance and due process policy?

Yes. ACGME Institutional Requirements require sponsoring institutions to maintain a written grievance procedure and a due process policy covering suspension, non-renewal, non-promotion, and dismissal. [Read: Your institution has to have a written grievance and due process policy. Find it today.](https://www.residenthelp.org/blog/acgme-requires-a-grievance-and-due-process-policy)

### Which version of my institution's policy applies to me?

The version in force during your training year and on the date of the action. Policies are revised between academic years, so save a copy now, before links or account access change. [Read: Your institution has to have a written grievance and due process policy. Find it today.](https://www.residenthelp.org/blog/acgme-requires-a-grievance-and-due-process-policy)

### What should I look for first in my grievance and due process policy?

The mechanics: who can impose the action, what notice you are owed, the appeal deadline and when it starts, whether the appeal is a new hearing or a record review, and whether an advisor may attend and speak. [Read: Your institution has to have a written grievance and due process policy. Find it today.](https://www.residenthelp.org/blog/acgme-requires-a-grievance-and-due-process-policy)

### How much notice is required before a residency contract is not renewed?

The current ACGME Institutional Requirements require written notice of intent but no national minimum period. Your institution's policy sets the timing; some require 120 days before the end of the appointment. [Read: Non-renewal of your residency contract: what notice the ACGME actually requires](https://www.residenthelp.org/blog/non-renewal-notice-what-acgme-requires)

### Can I appeal non-renewal of my residency contract?

Usually yes. The ACGME requires a due process policy that covers non-renewal and non-promotion, not only dismissal. Check your institution's policy and calendar its deadlines from the notice date. [Read: Non-renewal of your residency contract: what notice the ACGME actually requires](https://www.residenthelp.org/blog/non-renewal-notice-what-acgme-requires)

### I was told verbally that my contract will not be renewed. What now?

Ask for the written notice. Your rights generally run from the written document, so get it, note the date you received it, and download the policies that apply. [Read: Non-renewal of your residency contract: what notice the ACGME actually requires](https://www.residenthelp.org/blog/non-renewal-notice-what-acgme-requires)

### Who do I report my residency program director to?

Usually the designated institutional official (DIO) or the graduate medical education office of your sponsoring institution. For employment issues, human resources. Find the names in your institution's GME policies or handbook, and put the concern in writing. [Read: Who to contact above your residency program director](https://www.residenthelp.org/blog/who-to-contact-above-your-residency-program-director)

### What is a designated institutional official?

The DIO is the individual at a sponsoring institution who, with the Graduate Medical Education Committee, has authority and responsibility for oversight of all of its ACGME-accredited programs. [Read: Who to contact above your residency program director](https://www.residenthelp.org/blog/who-to-contact-above-your-residency-program-director)

### Will raising a concern get me in trouble?

The ACGME expects sponsoring institutions to give residents a way to raise concerns without intimidation or retaliation. Keep your message factual, keep a copy, and note the date. Anything adverse that follows soon after is worth writing down. [Read: Who to contact above your residency program director](https://www.residenthelp.org/blog/who-to-contact-above-your-residency-program-director)

## Remediation, probation, and committees

### What is the difference between remediation and probation in residency?

Remediation is usually an academic plan to correct performance. Probation is a formal status, often the last step before adverse action, and credentialing and licensure applications commonly ask about it. [Read: Remediation, probation, non-renewal, dismissal: what each word actually means in GME](https://www.residenthelp.org/blog/remediation-probation-non-renewal-dismissal-what-each-means)

### Which residency actions come with due process?

Under ACGME Institutional Requirements, suspension, non-renewal, non-promotion, and dismissal all require due process under your institution's policy. [Read: Remediation, probation, non-renewal, dismissal: what each word actually means in GME](https://www.residenthelp.org/blog/remediation-probation-non-renewal-dismissal-what-each-means)

### Does it matter if my institution is public or private?

Yes. Public institutions may face constitutional due process arguments; private institutions are usually judged on contract terms. In both, whether the institution followed its own written policies decides most disputes. [Read: Remediation, probation, non-renewal, dismissal: what each word actually means in GME](https://www.residenthelp.org/blog/remediation-probation-non-renewal-dismissal-what-each-means)

### I was put on a remediation plan in residency. What should I do first?

Ask for the plan in writing, then read it for mechanics: the specific deficiencies named, what you must do, who evaluates you, on what schedule, and what happens if the plan is completed, extended, or failed. Download your agreement, the GME policy manual, the grievance and due process policies, and your evaluations, and keep dated copies off institutional systems. [Read: Put on a remediation plan or PIP in residency? What to do in the first week](https://www.residenthelp.org/blog/performance-improvement-plan-residency)

### Do I get a hearing for a remediation plan or PIP?

Usually not yet. ACGME Institutional Requirements Section 4.4.b. requires due process for suspension, non-renewal, non-promotion, and dismissal. A remediation plan or PIP is usually not on that list, so formal hearing rights often do not attach at this stage. That is why the record built now matters so much. [Read: Put on a remediation plan or PIP in residency? What to do in the first week](https://www.residenthelp.org/blog/performance-improvement-plan-residency)

### Does a remediation plan mean I will be dismissed?

No. Most residents who complete a remediation plan continue training. But a plan is also the document a program will point to later if things escalate to probation, non-renewal, or dismissal, so treat it seriously from day one without panicking. [Read: Put on a remediation plan or PIP in residency? What to do in the first week](https://www.residenthelp.org/blog/performance-improvement-plan-residency)

### Should I sign my remediation plan?

Signing an acknowledgment that you received a plan is different from agreeing that its factual recitals are accurate. If the document recites facts you dispute, you can usually acknowledge receipt while noting, briefly and professionally, which characterizations you disagree with. [Read: Put on a remediation plan or PIP in residency? What to do in the first week](https://www.residenthelp.org/blog/performance-improvement-plan-residency)

### Can a remediation plan affect my board eligibility?

It can if it moves your expected completion date. Your certifying board, not your program, sets how much credited training you need and how an extension affects your eligibility window, so ask the board. [Read: Put on a remediation plan or PIP in residency? What to do in the first week](https://www.residenthelp.org/blog/performance-improvement-plan-residency)

### Can my residency dismiss me before my remediation plan ends?

Some policies allow immediate action for serious events, so read yours. But a plan sets its own length, review dates, and endpoints. A dismissal before the plan's determination date, without a new event the policy covers, is a gap worth raising in writing in your appeal. [Read: Dismissed from residency before your remediation plan ended](https://www.residenthelp.org/blog/dismissed-before-remediation-plan-ended)

### What if I was suspended during my remediation plan and then the plan failed?

A suspension can remove a resident from the very tasks the plan requires. Ask in writing, at the start of any suspension, that the plan clock pause and that missed tasks be rescheduled. If the plan was declared unsuccessful after that, say so in your appeal, with the dates. [Read: Dismissed from residency before your remediation plan ended](https://www.residenthelp.org/blog/dismissed-before-remediation-plan-ended)

### What can I ask for if my remediation plan was cut short?

Often the modest ask is the strongest: complete the plan, or repeat the training year under a new plan where the policy lists that as an alternative to termination, and have the decision revisited on a complete record. [Read: Dismissed from residency before your remediation plan ended](https://www.residenthelp.org/blog/dismissed-before-remediation-plan-ended)

### What does a Clinical Competency Committee do?

Under the ACGME Common Program Requirements, the CCC reviews all resident evaluations at least semiannually, assesses progress on the Milestones, and advises the program director on each resident's progress, including promotion, remediation, and dismissal. [Read: Referred to the Clinical Competency Committee: what it means and what to do](https://www.residenthelp.org/blog/clinical-competency-committee-referral-residency)

### Does the Clinical Competency Committee decide whether I am dismissed?

It advises. The program director makes the decision, under the institution's policies. A CCC recommendation is still a key document, so ask for it in writing. [Read: Referred to the Clinical Competency Committee: what it means and what to do](https://www.residenthelp.org/blog/clinical-competency-committee-referral-residency)

### What should I do if I am called to a CCC meeting on short notice?

Ask in writing what concerns are under review and for the evaluations the committee will consider, ask for more time if you need it, and submit a short written response. Do not agree to anything in the meeting itself. [Read: Referred to the Clinical Competency Committee: what it means and what to do](https://www.residenthelp.org/blog/clinical-competency-committee-referral-residency)

### What should I say in a meeting with my program director about a concern?

Ask what the concern is, which policy applies, what the next steps are, and for the documents behind it. Then say you will respond in writing by a specific date. Keep it short and calm. [Read: What to say in the first meeting when your residency program raises a concern](https://www.residenthelp.org/blog/what-to-say-first-meeting-residency-program)

### Should I apologize or explain myself in the meeting?

Be courteous, but avoid conceding specific facts or arguing the merits in the room. What you say can be summarized in the program's record. Put your account in writing afterward, when you have the documents. [Read: What to say in the first meeting when your residency program raises a concern](https://www.residenthelp.org/blog/what-to-say-first-meeting-residency-program)

### Can I bring someone to a meeting with my program?

Ask in advance, in writing, whether you may bring a support person or advisor. Policies differ, and some limit who may attend or speak. [Read: What to say in the first meeting when your residency program raises a concern](https://www.residenthelp.org/blog/what-to-say-first-meeting-residency-program)

## Suspension, leave, and fitness for duty

### Can my residency program suspend me without written notice?

It happens. Many institutional policies expect written notice of an adverse action and name the policy tier it falls under. Ask for written notice the same day, and keep a dated record of what you were told and by whom. [Read: Suspended from residency with no letter: what to do the same day](https://www.residenthelp.org/blog/suspended-from-residency-without-written-notice)

### Is administrative leave the same as a suspension?

Not on paper. Administrative leave pending investigation and a disciplinary suspension read very differently on verification and licensing forms. Ask which one you are on, in writing, and how it will be recorded. [Read: Suspended from residency with no letter: what to do the same day](https://www.residenthelp.org/blog/suspended-from-residency-without-written-notice)

### When does my appeal deadline start if I was never given a letter?

Appeal clocks usually run from receipt of the written adverse action. If nothing was put in writing, the deadline may not have started, but do not rely on that. Ask for the letter and get advice promptly. [Read: Suspended from residency with no letter: what to do the same day](https://www.residenthelp.org/blog/suspended-from-residency-without-written-notice)

### What are my rights if I am put on administrative leave during residency?

They come mainly from your contract and your institution's policies, which the ACGME requires sponsoring institutions to have. Ask in writing which policy your leave falls under, then read that policy for notice, review, and appeal rights. [Read: Put on administrative leave during residency: a checklist for the first 72 hours](https://www.residenthelp.org/blog/administrative-leave-residency-first-72-hours)

### Should I talk to colleagues about my administrative leave?

Keep it limited. Statements to colleagues can end up in the record. Keep a private dated log instead, outside institutional systems. [Read: Put on administrative leave during residency: a checklist for the first 72 hours](https://www.residenthelp.org/blog/administrative-leave-residency-first-72-hours)

### Can I record meetings about my residency leave or discipline?

Recording rules vary by state. Some states allow recording when one party consents, others require everyone's consent. Learn your state's rule before recording anything. [Read: Put on administrative leave during residency: a checklist for the first 72 hours](https://www.residenthelp.org/blog/administrative-leave-residency-first-72-hours)

### Can my residency program require a fitness-for-duty evaluation?

An employer may require a medical examination of a current employee only when it is job-related and consistent with business necessity, which generally means a reasonable belief, based on objective evidence, that the employee cannot perform essential functions or poses a direct threat. Whether a particular referral meets that standard is a question for counsel. [Read: Referred for a fitness-for-duty evaluation in residency? The questions to ask in writing](https://www.residenthelp.org/blog/fitness-for-duty-evaluation-residency-what-to-ask)

### What is a physician health program?

A physician health program is an organization, usually one per state, that provides assessment, referral to treatment, and monitoring for physicians and trainees. Programs often use them for fitness-for-duty referrals, and the program may communicate with your training program directly. [Read: Referred for a fitness-for-duty evaluation in residency? The questions to ask in writing](https://www.residenthelp.org/blog/fitness-for-duty-evaluation-residency-what-to-ask)

### Can I be dismissed while a fitness-for-duty process is still running?

It happens. A program may require an outside process as the pathway to return, then dismiss for an inability to return or the absence of a return date before that process is finished. Ask early, in writing, whether a return deadline exists and what happens if the process outlasts your approved leave. [Read: Referred for a fitness-for-duty evaluation in residency? The questions to ask in writing](https://www.residenthelp.org/blog/fitness-for-duty-evaluation-residency-what-to-ask)

### What should I ask a physician health program in writing?

In writing: whether you have completed and complied with everything since referral, whether any finding of unfitness has been made and when, any findings or an expected date for them, and an updated compliance letter, or the reasons it declines to provide one. [Read: Referred for a fitness-for-duty evaluation in residency? The questions to ask in writing](https://www.residenthelp.org/blog/fitness-for-duty-evaluation-residency-what-to-ask)

### Do residents qualify for FMLA leave?

Residents are employees, so the FMLA can apply once they meet its eligibility rules: generally 12 months with the employer, 1,250 hours worked in the past 12 months, and a worksite with at least 50 employees within 75 miles. Many first-year residents do not meet the 12-month requirement yet. [Read: FMLA and medical leave in residency: what protects you](https://www.residenthelp.org/blog/fmla-medical-leave-residency)

### What leave does the ACGME require for residents?

The ACGME Institutional Requirements require sponsoring institutions to provide at least six weeks of approved medical, parental, and caregiver leave once during training, available from the first day, with pay and continued health insurance. Check your institution's leave policy for the details. [Read: FMLA and medical leave in residency: what protects you](https://www.residenthelp.org/blog/fmla-medical-leave-residency)

### Can my program discipline me for taking protected leave?

The FMLA prohibits interfering with, restraining, or denying FMLA rights, including disciplining someone for using protected leave. If a disciplinary process advanced while you were on protected leave, note the dates and raise it with counsel. [Read: FMLA and medical leave in residency: what protects you](https://www.residenthelp.org/blog/fmla-medical-leave-residency)

## Accommodations and discrimination

### Does my residency program have to accommodate a disability?

Your sponsoring institution must have an accommodation policy, and as your employer it generally must work through an interactive process with you once you ask. Whether a specific accommodation is required is a question for counsel who has reviewed your file. [Read: Accommodations in residency: approved is not the same as provided](https://www.residenthelp.org/accommodations)

### Do accommodations erase performance concerns raised before I asked?

Rarely. Accommodations usually work going forward, which is the strongest reason to ask early and in writing. [Read: Accommodations in residency: approved is not the same as provided](https://www.residenthelp.org/accommodations)

### Is there a deadline for disability discrimination or failure-to-accommodate charges?

Charges generally must be filed with the EEOC within 180 days, or 300 days where a state or local agency enforces a similar law. The deadline cannot be extended once missed, and an internal process does not pause it. [Read: Accommodations in residency: approved is not the same as provided](https://www.residenthelp.org/accommodations)

### How do I request an ADA accommodation in residency?

Find your institution's accommodation policy and the office it names, often HR or a disability or employee accommodation office. Send a written request that says you are asking for an accommodation and what change you need. Keep a copy and the date. [Read: How to request an ADA accommodation in residency: a checklist](https://www.residenthelp.org/blog/how-to-request-accommodation-in-residency)

### Do I have to use the words reasonable accommodation?

No. EEOC guidance says a request can be made in plain language. Putting it in writing, and saying clearly that you are asking for a change at work because of a medical condition, makes the date and the request easy to prove. [Read: How to request an ADA accommodation in residency: a checklist](https://www.residenthelp.org/blog/how-to-request-accommodation-in-residency)

### Do I have to tell my program director my diagnosis?

Accommodation requests usually go through HR or a designated office, which may ask for documentation. Your program generally needs to know what the accommodation is, not your diagnosis. Ask who will see your documentation. [Read: How to request an ADA accommodation in residency: a checklist](https://www.residenthelp.org/blog/how-to-request-accommodation-in-residency)

### When should I request an accommodation in residency?

As early as possible. Accommodations generally apply going forward and rarely erase performance concerns raised before the request, so the request date matters. [Read: How to request an ADA accommodation in residency: a checklist](https://www.residenthelp.org/blog/how-to-request-accommodation-in-residency)

### My residency approved my accommodations but nothing changed. What can I do?

Write it down the same day. Send a short, factual email to HR and your program contact asking when each approved accommodation will be in place. Keep copies outside your institutional account, and keep a dated record of when each one actually starts. [Read: Residency accommodations approved but not provided: what to check](https://www.residenthelp.org/blog/residency-accommodations-approved-not-provided)

### Should my accommodation file be in my training file?

Generally no. Medical information supporting an accommodation is expected to be kept confidential and separate from personnel records. Ask who has seen your accommodation file. [Read: Residency accommodations approved but not provided: what to check](https://www.residenthelp.org/blog/residency-accommodations-approved-not-provided)

### Is there a deadline if my accommodations were not provided?

There is no fixed deadline to ask for an accommodation. But a charge for failure to accommodate carries the same 180- or 300-day federal limit as other discrimination charges. Whether you have a claim is a question for a lawyer who has reviewed your file. [Read: Residency accommodations approved but not provided: what to check](https://www.residenthelp.org/blog/residency-accommodations-approved-not-provided)

### My accommodation request was denied in residency. What can I do?

First, check whether the denial describes what you actually asked for. If it does not, correct the record in writing and restate your request. If it does, ask what alternatives would work, and ask for the interactive process to continue. Keep copies and dates. [Read: Residency accommodation denied for something you never asked for](https://www.residenthelp.org/blog/residency-accommodation-denied-not-what-you-asked)

### Can my program deny an accommodation?

An employer may decline a specific accommodation, for example where it would cause undue hardship or where an effective alternative exists. The process is meant to be a dialogue, so ask what the institution would provide instead. [Read: Residency accommodation denied for something you never asked for](https://www.residenthelp.org/blog/residency-accommodation-denied-not-what-you-asked)

### Is there a deadline after a residency accommodation is denied?

Internal reconsideration windows vary by policy. A charge for failure to accommodate carries the federal 180- or 300-day limit. Whether you have a claim is a question for a lawyer who has reviewed your file. [Read: Residency accommodation denied for something you never asked for](https://www.residenthelp.org/blog/residency-accommodation-denied-not-what-you-asked)

### Can the ACGME reverse my dismissal?

No. The ACGME addresses whether programs and sponsoring institutions comply with accreditation requirements. Its FAQ explains that it looks at whether an alleged violation goes beyond conduct directed largely at an individual resident. It does not decide individual employment disputes. [Read: ACGME report or EEOC charge? What each one can and cannot do for a resident](https://www.residenthelp.org/blog/acgme-non-compliance-report-vs-eeoc-charge-residents)

### How long do I have to file an EEOC charge?

Generally 180 calendar days from the discriminatory act, extended to 300 days where a state or local agency enforces a law against the same kind of discrimination. The deadline cannot be extended once missed. [Read: ACGME report or EEOC charge? What each one can and cannot do for a resident](https://www.residenthelp.org/blog/acgme-non-compliance-report-vs-eeoc-charge-residents)

### Does an internal appeal pause the EEOC deadline?

No. The EEOC clock runs from the discriminatory act, whatever is happening in your program's grievance or appeal process. Raise it with counsel early, even if you are not sure you want to file. [Read: ACGME report or EEOC charge? What each one can and cannot do for a resident](https://www.residenthelp.org/blog/acgme-non-compliance-report-vs-eeoc-charge-residents)

## Your record, reporting, boards, visas, and Intealth

### How do I get my residency file and evaluations?

Download what you can from your evaluation and logging systems while you have access. Then ask the program director and GME office in writing for your complete educational file, including committee records. Keep a copy of the request and the date you sent it. [Read: Get your residency file before you leave: a checklist](https://www.residenthelp.org/blog/get-your-residency-file-before-you-leave)

### What if evaluations appear that I have never seen?

Ask in writing for the creation date of every evaluation you had not seen before. Evaluations entered after an adverse decision, or never reviewed with you, are worth raising in any appeal. [Read: Get your residency file before you leave: a checklist](https://www.residenthelp.org/blog/get-your-residency-file-before-you-leave)

### Can I keep copies of my evaluations on a personal device?

Your own evaluations and logs are generally yours to keep. Do not take patient information. Check your institution's data policies before copying anything that contains it. [Read: Get your residency file before you leave: a checklist](https://www.residenthelp.org/blog/get-your-residency-file-before-you-leave)

### My residency program verification is wrong. What can I do?

Ask the requesting board or program for a copy of what was sent. Compare each line against your records. Then write to the program director and GME office identifying each factual error, attaching your proof, and asking for a corrected verification to be sent. [Read: Your residency program's training verification is wrong. What can you do?](https://www.residenthelp.org/blog/wrong-residency-training-verification)

### Can I make my former program change its verification?

Not easily by force. Court orders against private hospitals are slow and uncertain. A negotiated factual verification, with the text agreed in writing and sent unchanged on request, is usually the more realistic route. [Read: Your residency program's training verification is wrong. What can you do?](https://www.residenthelp.org/blog/wrong-residency-training-verification)

### What should a training verification include?

Usually your training dates, credit awarded, and answers to standard questions about probation, leave, investigations, and standing. The answers must match what the program's records show, which is why getting your file matters. [Read: Your residency program's training verification is wrong. What can you do?](https://www.residenthelp.org/blog/wrong-residency-training-verification)

### Does a residency dismissal get reported to the National Practitioner Data Bank?

Generally not as a clinical privileges action. The NPDB Guidebook says an adverse action concerning a resident or intern is not reportable if it was taken within the scope of the training program, because residents and interns are trainees authorized to perform clinical duties within their graduate educational program, not holders of clinical privileges as such. [Read: Does the NPDB report a resident's dismissal? What actually gets reported, straight from the Guidebook](https://www.residenthelp.org/blog/npdb-and-residents-what-actually-gets-reported)

### Are remediation and probation in residency reported to the NPDB?

Generally not, when they arise within the training program itself. The same Guidebook rule covers remediation, probation, non-renewal, and dismissal taken within the scope of the program. [Read: Does the NPDB report a resident's dismissal? What actually gets reported, straight from the Guidebook](https://www.residenthelp.org/blog/npdb-and-residents-what-actually-gets-reported)

### What if I moonlight during residency?

Practice outside the formal program is different. If you moonlight in an intensive care unit or emergency department under your own privileges and an adverse privileges action arises from that practice, it must be reported like any other practitioner's. [Read: Does the NPDB report a resident's dismissal? What actually gets reported, straight from the Guidebook](https://www.residenthelp.org/blog/npdb-and-residents-what-actually-gets-reported)

### If nothing is reported to the NPDB, do I still have to disclose it?

Yes, whenever an application asks. Licensure, credentialing, and fellowship applications ask about probation, resignation, investigation, and program completion in their own words, whether or not anything sits in the Data Bank. An inaccurate answer to a disclosure question is a career problem by itself. [Read: Does the NPDB report a resident's dismissal? What actually gets reported, straight from the Guidebook](https://www.residenthelp.org/blog/npdb-and-residents-what-actually-gets-reported)

### Is a termination of employment reported to the NPDB?

A Guidebook answer concludes that a termination of employment was not reportable because it was not the result of a professional review action concerning clinical privileges. The clinical privileges provisions capture professional review actions that adversely affect privileges for more than thirty days, not every way a physician can lose a job. [Read: Does the NPDB report a resident's dismissal? What actually gets reported, straight from the Guidebook](https://www.residenthelp.org/blog/npdb-and-residents-what-actually-gets-reported)

### Can time away from residency affect my board eligibility?

Yes. Boards set required months of training and limited eligibility windows. Leave, suspension, extension, or a repeated year can move your completion date and your place in that window. [Read: Time away from training can affect your board eligibility clock. Here is how one board frames it.](https://www.residenthelp.org/blog/board-eligibility-clock-abfm-example)

### Who decides my board eligibility, my program or my board?

Your certifying board. The ACGME accredits programs, but each board sets its own rules on training completion, leave, and eligibility. Read your own board's current policy. [Read: Time away from training can affect your board eligibility clock. Here is how one board frames it.](https://www.residenthelp.org/blog/board-eligibility-clock-abfm-example)

### What should I do before agreeing to extend, repeat, or resign?

Write down your training dates and gaps, pull your board's current eligibility policy, and get the eligibility consequences of each option in writing, from the board if needed. [Read: Time away from training can affect your board eligibility clock. Here is how one board frames it.](https://www.residenthelp.org/blog/board-eligibility-clock-abfm-example)

### Who sponsors my visa during residency, and does it matter if I am dismissed?

It depends on the visa. J-1 physicians are generally sponsored by Intealth, formerly ECFMG, and a termination or a resignation in lieu of termination can end eligibility for future Intealth sponsorship. H-1B residents are sponsored by the employing hospital, so the status is tied to that job. Either way, a dismissal reaches your sponsor, so talk to an immigration lawyer the day you receive notice. [Read: Dismissed from residency on a J-1 or H-1B visa: the clocks that start](https://www.residenthelp.org/blog/dismissed-from-residency-on-a-visa)

### What happens to an H-1B if I am dismissed from residency?

An H-1B is tied to the sponsoring employer. When the employment ends, a limited grace period may apply in some cases, but rules are strict and fact-specific. Talk to an immigration lawyer the day you receive notice. [Read: Dismissed from residency on a J-1 or H-1B visa: the clocks that start](https://www.residenthelp.org/blog/dismissed-from-residency-on-a-visa)

### Does my residency appeal protect my visa status?

Not necessarily. Immigration timelines can run regardless of an internal appeal. Ask your program in writing how your status will be handled while an appeal is pending, and coordinate with immigration counsel before you agree to anything. [Read: Dismissed from residency on a J-1 or H-1B visa: the clocks that start](https://www.residenthelp.org/blog/dismissed-from-residency-on-a-visa)

### Is Intealth the same as ECFMG?

ECFMG is now a division of Intealth. The ECFMG name is still used for ECFMG Certification and on many Intealth pages, so you will see both names for the same organization. [Read: Intealth (ECFMG) and residency dismissal: a guide for IMGs](https://www.residenthelp.org/blog/intealth-ecfmg-residency-dismissal-img)

### What happens to my J-1 if I am dismissed from residency?

Intealth sponsors J-1 physicians. A termination for a disciplinary action, or for a significant issue with professionalism, medical knowledge, or patient care, can end eligibility for future sponsorship and can lead to SEVIS termination. If the SEVIS record is terminated, the usual 30-day grace period does not apply. Talk to an immigration lawyer the day you receive notice. [Read: Intealth (ECFMG) and residency dismissal: a guide for IMGs](https://www.residenthelp.org/blog/intealth-ecfmg-residency-dismissal-img)

### If I resign instead of being dismissed, does Intealth treat it differently?

Not necessarily. Intealth says J-1 physicians who resign in lieu of termination may not be eligible for future sponsorship, as with termination. Do not resign to protect your visa until immigration counsel has reviewed the terms. [Read: Intealth (ECFMG) and residency dismissal: a guide for IMGs](https://www.residenthelp.org/blog/intealth-ecfmg-residency-dismissal-img)

### Will Intealth step in if my program treats me unfairly?

No. Intealth defers to the host institution on disciplinary actions and does not intervene in institutional contractual issues. Your program's own due process policy is where you challenge the decision. [Read: Intealth (ECFMG) and residency dismissal: a guide for IMGs](https://www.residenthelp.org/blog/intealth-ecfmg-residency-dismissal-img)

### Do I have to tell Intealth about remediation or a leave?

J-1 physicians must notify Intealth of proposed changes to their training, including leaves of absence, remediation, and termination. Report through MyIntealth and keep a copy of what you send. [Read: Intealth (ECFMG) and residency dismissal: a guide for IMGs](https://www.residenthelp.org/blog/intealth-ecfmg-residency-dismissal-img)

## Lessons from the matters we have worked on

### What are the warning signs that a residency program is moving toward dismissal?

Verbal removal from duties or administrative leave with nothing in writing, a short-notice competency committee meeting, an offer to resign with a deadline in hours, a remediation plan you are prevented from completing, and weeks of silence after you raise a concern or make a proposal. [Read: The patterns we see in residency dismissals](https://www.residenthelp.org/blog/patterns-in-residency-dismissals)

### Is it normal for the person who dismissed me to hear my appeal?

It happens often enough to plan for. If your policy allows an outside panel or a designee, ask for both in writing before the hearing. An objection raised after an adverse decision carries much less weight. [Read: The patterns we see in residency dismissals](https://www.residenthelp.org/blog/patterns-in-residency-dismissals)

### What should I do if my residency removes me from duties without anything in writing?

Within a day, ask in writing for your status, the policy and step it falls under, the reason, and what ends it. Then compare what happened against every step of the program's written discipline policy. [Read: Case study: removed from duties with nothing in writing, then dismissed after a hearing](https://www.residenthelp.org/blog/case-study-removed-from-duties-then-dismissed-after-hearing)

### When should I object to who is on my residency hearing panel?

Before the hearing, in writing. An objection raised after an adverse decision carries much less weight. [Read: Case study: removed from duties with nothing in writing, then dismissed after a hearing](https://www.residenthelp.org/blog/case-study-removed-from-duties-then-dismissed-after-hearing)

### My program recorded my remediation as completed, then recommended dismissal. What matters most?

The program's own documents: its record that remediation was completed and your evaluations since. Get them in writing and compare the new recommendation against them. [Read: Case study: remediation completed, then an election where every option ended in resignation](https://www.residenthelp.org/blog/case-study-remediation-completed-then-resignation-election)

### What if my residency program goes silent after I send a proposal?

Ask in writing for your status, so the silence is on the record, and keep calendaring every deadline that is already running. [Read: Case study: remediation completed, then an election where every option ended in resignation](https://www.residenthelp.org/blog/case-study-remediation-completed-then-resignation-election)

### Can a residency dismissal be overturned on an internal appeal?

Yes, it happens. In this matter, the institution's appeal committee found due process had not been followed, because the resident had not been allowed to finish a required evaluation and remediation, and the dismissal was rescinded. Every matter turns on its own record. [Read: Case study: a dismissal before a required step was finished, rescinded on appeal](https://www.residenthelp.org/blog/case-study-dismissed-before-required-step-finished)

### Can my program dismiss me before a step it required of me is finished?

It happens. Raise the gap in writing. Often the strongest ask is the modest one: finish the step and have the decision revisited on a complete record. [Read: Case study: a dismissal before a required step was finished, rescinded on appeal](https://www.residenthelp.org/blog/case-study-dismissed-before-required-step-finished)

### What if my dismissal relies on a finding I have never seen?

Ask in writing for the specific document the decision relied on, with its date and author. You cannot rebut a finding you have not seen. [Read: Case study: a dismissal before a required step was finished, rescinded on appeal](https://www.residenthelp.org/blog/case-study-dismissed-before-required-step-finished)

### What if my residency suspends me in the middle of my remediation plan?

Ask in writing, at the start of the suspension, that the plan clock pause and that missed tasks and review dates be rescheduled. A plan cannot fairly fail on work the program kept you from doing. [Read: Case study: suspended in the middle of a remediation plan, then dismissed before its review date](https://www.residenthelp.org/blog/case-study-suspended-mid-remediation-then-dismissed)

### Should I email my program offering to resign in lieu of dismissal?

Not before getting advice. The offer creates a record the program can use. If you already sent one, withdraw it in writing. [Read: Case study: suspended in the middle of a remediation plan, then dismissed before its review date](https://www.residenthelp.org/blog/case-study-suspended-mid-remediation-then-dismissed)

## Keep reading

- [Facing dismissal from residency](https://www.residenthelp.org/dismissal): What usually happens, the deadlines already running, the due process you are owed, and help within 48 hours.
- [Deadlines you cannot miss after a residency dismissal or adverse action](https://www.residenthelp.org/blog/deadlines-after-residency-dismissal): An adverse action in residency starts several clocks at once. The internal ones are short and usually negotiable. The outside ones are long but unforgiving. This is the list, with what each clock runs from and which ones can be extended.
- [Your residency program wants you to resign. Here is what a realistic outcome can look like.](https://www.residenthelp.org/blog/what-you-can-negotiate-when-your-program-wants-you-to-resign): Most residents in this position are not choosing between winning and losing. They are choosing between a separation that follows them and one that does not. These are the terms that can be asked for, and the ones that rarely move the outcome.
- [Know your rights as a resident](https://www.residenthelp.org/rights): What your program owes you under ACGME requirements, what federal law protects, and the first 72 hours.
- [The free Residency Record](https://www.residenthelp.org/record): The documents every resident should keep, the dates that decide non-renewal, and a private place for both.
- [All guidance and case analysis](https://www.residenthelp.org/blog): Every post lists its sources.

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Source: https://www.residenthelp.org/faq
Publisher: Resident Help (https://www.residenthelp.org)

This website provides general information and is not legal advice. Using this site or submitting a form does not create an attorney client relationship.
