Can this contract possibly be legal?

Nurses General Nursing

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First a few background facts: I just finished my second week working in a private physician's office as a staff nurse. It is an office based surgery center and has recently added another RN and surgeon. I am still in orientation however no mention was made of signing a "contract" when the offer of employment was made. I took a significant pay-cut to take this position however the idea of no call, holidays or weekends was too good to turn down for this single mom.

After I came back from lunch today, a 12-page contract was sitting on my desk with a post-it note on it telling me to sign it. Here's where it gets interesting:

1. the contract had none of the blanks filled in (rate of pay, start date, etc)

2. the contract states there will be a 90-day probationary period, however I was told by the office manager when I accepted the job offer and rate of pay, that it would be only 60 days and then have a re-evaluation. She made it sound that my pay would be adjusted at the end of that time frame

3. the second page of the contract states that, "the employee is a valued and integral part of the employer and the loss of her services to the employer would cause sever(sic) hardship and economic loss to the employer.............employee agrees to permit employer to insure his/her life under policy of life insurance........name the EMPLOYER (!!!) as sole beneficiary.........submit to all necessary physical or examinations to effect such policies of insurance."

I am a nurse and as such, there is no loss of revenue to my employer in the event of my untimely death and no justification for him to insure my life and be the policy's sole beneficiary. He could simply place an ad in the classifieds and replace me with another nurse. Is it just me or is this bizarre? The other employees who signed this are in their 20's, uneducated and I have to wonder if they even read what they were signing. Who in their right mind would ask someone to sign a contract like this? Especially when all the blanks are not filled in by the employer? I understand signing "at-will employment agreements", "non-competition clauses", "confidentiality agreements" and the usual legalese..........but this other stuff doesn't seem legal and I have a feeling if I don't sign it, I will be terminated. I didn't think I could be made to take a health exam after I already accepted an offer of employment and started working.

Where would I find information regarding employment law for something like this? Wouldn't this also violate HIPAA? revealing my medical information would be a condition of continuing my employment due to this employer's demand to take out a life insurance plolicy on me and make himself the sole beneficiary?:nurse:

Specializes in Acute Care Psych, DNP Student.

If the employer has less than 15 employees - there are no ADA rights at all. So she's not waiving that. You can't waive those rights if you are covered under the law anyway. The contract is just making it clear that she isn't covered.

Specializes in ER, critical care.

I have heard of taking out life insurance on business PARTNERS with benefits payable to each other, but have never heard of this practice with EMPLOYEES.

I wouldn't sign it because having insurance on employees is not necessary. They are a necessary expense but not revenue generators in a medical practice.

Never sign anything blank. Perhaps it was oversight. If that is the case, there should be no problem with filling in the appropriate blanks prior to signing.

Well, I was going to say that you should just refuse to sign the contract since no mention of this was made prior to your being hired; so, therefore, how could you be fired for it? But I asked my husband who is in his last year of law school about it, and he said, of course, he would need to know all the facts, but it sounds like an employment-at-will situation, whereby you can be terminated for just about anything. So basically, I guess it is legal. But I wouldn't sign it. I would leave.

Specializes in Peds.
run don't walk away from here.

1. you have posted about having to sign a highly suspect contract.

2. you have posted about narcotics discrepancies and poor recordkeeping.

too many red flags for me.

:yeahthat: never, never, never sign any contract or anything else with blanks. once the blanks are filled in, make sure what is written is initialled by all parties or representatives to the contract.

If the employer has less than 15 employees - there are no ADA rights at all. So she's not waiving that. You can't waive those rights if you are covered under the law anyway. The contract is just making it clear that she isn't covered.

Understood. But I would still consider it 'waiving' since adding up to and exceeding 15 employees is not that difficult a target to hit. And yes, I know you can't waive a federal law. But it has that feel to it.

Specializes in Assisted Living Nurse Manager.

If it were me, I would be looking for another job. This place does not sound like it is on the up and up. I once interviewed to work for a physician who advertised the practice as an allergy clinic. I found out that chelation therapy is what it was all about. During the interview I was told that I would be starting IV's on patients and infusing a soluble form of vitamins, I was a medical assistant at the time (they did know that I was a medical assistant, that is what they advertised for). I was also told that we did not have to worry about inspections from OSHA because they never get inspected. I was offered the job, but did not accept, this placed scared the living h*** :eek: out of me. I stayed as far away as possible. Wasnt long after that the place was out of business.

He's trying to kill you. Flee!

If there is any way you can have a lawyer check this out I would. It would be worth the cost of an hour with a lawyer if you ask me. Checking with your new boss first to see if wrong contract was given would be safe to do, I would think.

i agree with you

i would not sign it until a lawyer looks at it or if you feel uncomfortable with it maby you should look for a new job.

i would RUN as fast as I could!!!

I would also have a lawyer look at it IF I wanted to stay........

Specializes in Ante-Intra-Postpartum, Post Gyne.

and then they have you done in so they can collect on your life insurance policy?!?! GET OUT NOW!

and then they have you done in so they can collect on your life insurance policy?!?! GET OUT NOW!

That was my first thought too! I was also thinking you could put your wage at maybe $75.00 an hour! But then that would be another reason to have you done in.

If in doubt, leave it out is my motto....as they said...RUN! I wouldn't even bother with taking it to a lawyer and paying fees for what is obviously a b-a-d place to work!

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