Pulled contract

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Pulled contract

Posted by vikki53713 on Sep 13, 2011 3:38 pm

Does anyone have information on what my rights are, what reimbursement I can get when contract is pulled by hospital 3 days before start date because staffing agency screwed up?  Could really use some help.
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Re: Pulled contract

Posted by tikitarita on Sep 13, 2011 9:16 pm

I think it depends on how your staffing agency screwed up. If you signed a contract and believe you owe money, you could always fill out an online small claims court filing... I'd just read your contract carefully, and if you have money you needed reimbursed (from travel for exmple) maybe you could get that money paid to you still? Good luck!
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Re: Pulled contract

Posted by Epstein LaRue on Nov 20, 2011 5:44 am

Read your contract very carefully...  Usually it will say that although you have a contract, you are stil an "at will" employee.  Go through your contract and see what it says about early contract terminations.

Epi


 

Epstein LaRue, RN

Author of... Highway Hypodermics: Travel Nursing 2012

www.highwayhypodermics.com

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Re: Pulled contract

Posted by on Nov 20, 2011 1:05 pm

Screw up?? I would tend to guess it was the facillity finding CHEAPER perm help. This has happened to me also. As long as you have not OFFICIALLY started theres not much you can do. It really does SUCK though!
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Re: Pulled contract

Posted by DavidRN on Nov 20, 2011 8:03 pm

Not sure why this question just posted to the forum when it looks like it was written in Sept. However, it did pop up on my notification after it posted to this forum, so I will respond, but please forgive the amount of time that appears to have passed since this was originally written.

As epstein noted, you should read your contract carefully; however, her assertion on "at will" employees is most likely incorrect when it comes to contract law (but obviously, this could vary from state to state). You should not be taking legal advice from epstein, or myself for that matter, because neither of us should be giving legal advice when we are not licensed by any state to do so. But from my understanding of contract law, having a contract is very different from being an "at will" employee in any state.

An article on FindLaw.com reads:

In most states, employment is generally considered "at will," meaning that the employer can terminate employment (or the employee may voluntarily leave) at any time. An employer's right to fire an employee may be limited, however, where the employee can show that the employer entered into either an explicit contract to retain the employee for a certain length of time, or an "implied contract" which dictates that employment will be terminated only for specific disciplinary reasons.

You can see the entire article at http://employment.findlaw.com/employment/employment-employee-hiring/employment-employee-hiring-contract.html

Unfortunately, the best thing is to probably let it go. If you do want to take action, you must remember that the way travel contracts are framed, you are not entering into a contract with the hospital, you are entering into a contract with your travel company. This is an important distiction because your cause of action would not be against the hospital, it would be against your travel company. Whether or not you want to go down that road would be up to you.

If you do want to go forward, you will need to see in which state the items in your contract are governed. You would then need an attorney that was well versed in the application of contract law in that state.

It's never a good situation when a contract gets cancelled. However, I have had a contract cancelled that cost me a good bit of money because I had already begun work at the contracted hospital (and traveled 2000 miles to get there, and set up my cable, phone, Internet, etc). At least you saved yourself from having to travel to the location and turn right back around. Again, I know it sucks to have this happen, but trust me, it could have been much worse.

Consider looking into another travel company unless you have history with this one. Many companies know repeat offenders of this type of behavior and can steer you clear of such assignments. 

Sorry that this happened to you. I hope the information helps.

David
http://travelnursesbible.com 
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Re: Pulled contract

Posted by Epstein LaRue on Feb 23, 2012 10:30 am

As David stated, "As epstein noted, you should read your contract carefully; however, her assertion on "at will" employees is most likely incorrect when it comes to contract law"

YOU MUST READY YOUR CONTRACT!!!   An at will employee is stating that they can drop your contract at a heartbeat; related to the fact that you are an "at will employee."  

You HAVE to remember that the contract with the HOSPITAL and STAFFING AGENCY is a lot more different than the contract between the STAFFING AGNECY and YOU!!!   

Bottom line is, the only significant reason to cancel a conytract is if you are in fear of you license!!!



 

Epstein LaRue, RN

Author of... Highway Hypodermics: Travel Nursing 2012

www.highwayhypodermics.com

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