Agencies and contracts

[suzanne4]

Please pay attention to your contract before signing it. There is no such thing as a free green card. The money for it will be coming from your pocket, not the agencies. In most cases, there is about $5 per hour taken from you to cover the expenses. This works out to about $20,000 over two years. Expenses are about $4,000. You do the math.

The better way to do things, if you can afford it, is for you to pay the fees, and then you are in control, and can pick your attorney, etc. The facilities are normally paying a relocation fee that will cover your expenses.

Also, pay attention to what the cancellation fee is. If for some reason that you would need to leave your contract early, or the facility cancels you, you will be responsible for paying that fee. The document that you sign is a legally binding contract. And some contracts can be as high as $15,000 to $20,000.

If your recruiter makes a promise, but it is not written into your contract, then it doesn't exist. It must be in writing and signed off by the management of the agency. And oral promise will not mean anything, especially if your recruiter is no longer working for that agency later on.

[prometheus0219]

hi suzzane! i've been a member in this forum since i was still in the philippines and it had been a great help in terms of giving me information that i sorely needed back then. I have a question though. I've been here in the states for about 2 1/2 months now (NY) working as a hemodialysis nurse in an outpatient facility. I'm under an agency. I work 3 days/week at 12.5 hours a day. My agency pays me on a weekly basis, as a salaried employee. No mention about working 40 hrs a week on the contract but now my agency is requiring me to work an additional 4 hours per week to add to the 36 hours i do every week. I thought that if you worked 12 hrs/day that its already considered like working for 40 hrs. can you enlighten me on this? Im planning on having a talk with my agency coz the facility that im working on right now said that they can't give me a 4 day, 10 hr shift coz they need nurses on a 12 hr shift. thanks so much

[suzanne4, RN]

hi suzzane! i've been a member in this forum since i was still in the philippines and it had been a great help in terms of giving me information that i sorely needed back then. I have a question though. I've been here in the states for about 2 1/2 months now (NY) working as a hemodialysis nurse in an outpatient facility. I'm under an agency. I work 3 days/week at 12.5 hours a day. My agency pays me on a weekly basis, as a salaried employee. No mention about working 40 hrs a week on the contract but now my agency is requiring me to work an additional 4 hours per week to add to the 36 hours i do every week. I thought that if you worked 12 hrs/day that its already considered like working for 40 hrs. can you enlighten me on this? Im planning on having a talk with my agency coz the facility that im working on right now said that they can't give me a 4 day, 10 hr shift coz they need nurses on a 12 hr shift. thanks so much

You are actually working a 12 hour day, as you take a lunch for 30 minutes, that is per government guidelines.

Where do they expect you to work the extra four hours? It should have been stated in your contract, how many hours that you would need to work per week. And why are you a salaried employee? It means that they do not have to pay you overtime over forty hours in many cases. Not a good idea to have signed a contract like that.

And why are they changing now? Your issue is that you are an employee of the agency, not the dialysis company. Not sure if there is anything that you can do at this point. If you want to send me a copy of your contract, I will be happy to look at it.

[Faby]

DearSuzanne: Iwas just reading your post regarding the cancellation policy. I was thinking, for instance, if I go to US, and prior to start working, only after receiving the housing, I decide not to work for them and get back to my country. How much would I have to pay to teh facility. I have a $6000 termination fee stablished in the contract,but at the beginning of it it says that it comen into effect after me passing the PPD and other paperwork as well. Thank you.

Sorry, but the salary deduction is more than $1 or $2 dollars from what the US nurses are getting. And take a close look at your contract. I am sure that there is a cancellation clause in there. If you have signed the contract, then it is binding and you are stuck with it.

If she is veering off from giving you a straight answer, I am sure that there is a cancellation clause in there as well. Personally, I have not seen a contract that did not contain one.

Again, the contract is a legally binding contract, and if you agreed to the terms of it, then you have to live with what ever that you signed.

And just getting a city means absolutely nothing. Does you contract stipulate hospitals only, or the choice of the agency? Do you get to pick the facility, or does the agency do that?

[suzanne4, RN]

More than likely, you would have to pay the $6,000, do they your immigration costs as well as plane fare? That is much better than the $20,000 to $25,000 that I have seen. Remember that costs for immigration, and flight, etc. comes to about $4,000 plus the housing that they woul dhave paid for.

[prometheus0219]

That is what I've been telling them. It was never stated in the contract. I read the contract many times and made clarifications over and over again before signing it. BTW, I have to pay them $8,400 if I don't finish my 3-yr contract with them.

Actually, they are asking me to do 4-5 days, 12-hr shift in the same facility. I said no. I just came here and there are still some adjustments to do especially as this is my first winter here. I don't want to overdo it. When I first got my paycheck, i asked them again what's my hourly rate, and I was told that I don't work on an hourly basis, i get paid, as a salaried employee, whatever annual salary stated on my contract divided by 52 weeks. They've been pushing me to work 40 hours/wk. My last two paychecks had a pay cut amounting to the 4 hours difference. I want to know if they are justified in doing that and if there's something that I can do?

I left my contract at a friend's house in NJ coz she has a fire-resistant vault in her house. I live alone and I don't want to leave all my important documents at home. :)

Thanks so much for the reply suzanne.

You are actually working a 12 hour day, as you take a lunch for 30 minutes, that is per government guidelines.

Where do they expect you to work the extra four hours? It should have been stated in your contract, how many hours that you would need to work per week. And why are you a salaried employee? It means that they do not have to pay you overtime over forty hours in many cases. Not a good idea to have signed a contract like that.

And why are they changing now? Your issue is that you are an employee of the agency, not the dialysis company. Not sure if there is anything that you can do at this point. If you want to send me a copy of your contract, I will be happy to look at it.

[suzanne4, RN]

Legally no. Your contract is for one week, they were the ones that placed you, but now they want you to work five twelves per week? And did they offer you the overtime, or tell you that you were salaried?

Something is very fishy there.

[iveth]

Hi Suzanne and everyone:

I am sort of new in this forum. I am here in the US, got a 2 yr contract with a 40 bed hospital located in a rural area in AZ. I have been there for 8 months and not enjoying my job becoz of the location, the work environment is not that bad, but one thing concerns me is that anytime someone calls in sick or is unable to work, they always call me to cover for that person. I am so tired of if as it intereferes with my daily living not having the chance to plan on my days-off. I found a recruiting company who is offering me a job at a level 1 trauma center in Phoenix and offering to pay-off my contract also ($7,000) this trauma center is asking me to work for them minimum 12 months, and will be getting same pay as the rural hospital.

My big concern is,I am not sure if by paying off my contract, this can impact negatively my career. Have anyone been though this or have payed off their contract, not having a guilty feeling/betraying feeling.

I will appreciate your thoughts and advice.

Thanks a lot.

Iveth

[suzanne4, RN]

If the contract is paid off, then there is no issue. Which small town are you currently in? Chances are that I worked there.:)

[iveth]

Suzanne, Thanks for your quick response, I am in Kingman. Where did you worked?

Regards

iveth

[suzanne4, RN]

Suzanne, Thanks for your quick response, I am in Kingman. Where did you worked?

Regards

iveth

I actually worked at the hospital there, agency, years ago in the nursery. Worked thru the years there in most of the hospitals in the state, large and small. Did per diem agency but able to see most of the state that way.:)

Where are you going to be working at?

[OMGwhathaveIdone]

hi suzanne, my contract does not state a pay out fee, contract is 12 months long, with debt being pro rata. i paid for absolutely everything, bar the lawyers fees, so how much do you think i would be looking at if i cancel contract, my circumstances have changed dramatically, so would rather work per diem.

i have been told the lawyers fees are about $1500- is that correct?

thanks in advance for any advice:)

[suzanne4, RN]

Not sure where you are, but are you an international nurse with only a one year contract? Usually do not see anything less than two years, or at least the number of work hours equivalent to two years.

Immigration fees can vary depending on where the lawyer is located. In California the average cost is about $2000.

And are you a direct hire thru an agency or directly with a hospital? Or still classified as an employee of the agency?

I will be very surprised if they let you out of the contract for only that fee, as who ever hired you can also include the salary paid while they were training you, etc. At this point, you have no other choice but to ask them, but do not be surprised if it is much more that you had expected. Have you been with them for at least six months?