breaking contract

RNcorazon · Oct 28, 2011

is this a travel assignment? or a regular contract? either way I would not leave a job without having another one secured. I dont think we are obligated to stay at any job.

SweetseRN · Oct 28, 2011

1. Did you sign an agreement?

2. Is your state an "At Will" employment state, meaning they OR you can dc employment at anytime for any reason...

3. Could your quitting in any way be considered "patient abandonment"....

Those are the basic questions I would stat with to figure out where you stand.

Esme12, ASN, BSN, RN · Oct 28, 2011

I currently have a total hour requirement with my job and I am just about halfway through. The contract says that my employer has the power to fire me but no where does it say I have the power to leave at any time or that there are penalties for leaving.
so can i just quit? J/W bc im actively seeking a better full time job.

I'd check with whomever the contract is with or the agency that represents you. If you are still unsure I would seek legal counsel before breaking any contract. Without seeing the contract there is no way for any one to know for sure. Being in an at will state has some influence but you have a signed agreement ....and that is binding.

noahsmama · Oct 28, 2011

Does the contract state a consequence for not meeting the total hours requirement? I see you're a new grad -- did you sign something saying you will repay your employer for the cost of your orientation if you don't fulfill the total hours requirement? If you signed such an agreement, then of course you will be obligated to abide by it.

I would read every word of the contract, and would also consider consulting a lawyer before trying to break it.

Good luck!

dudette10, MSN, RN · Oct 28, 2011

I currently have a total hour requirement with my job and I am just about halfway through. The contract says that my employer has the power to fire me but no where does it say I have the power to leave at any time or that there are penalties for leaving.
so can i just quit? J/W bc im actively seeking a better full time job.

A contract that doesn't include penalties? What was the point of the contract then? Maybe you need a lawyer to look it over; you could be missing something.

EMT-newbie · Oct 29, 2011

I'm not a lawyer, I just play one on your TV. Contracts aren't about penalties, they're about exchanges (promises, money, goods, services, whatever). What you see as a penalty is merely a side effect of describing how the exchange is unwound when one of the exchanges when a condition isn't met.

I'm 100% unsure whether state "at will" employment regulations trump contracted employment terms.

For example, if you promised to work 1000 hours in exchange for them training you that's part of the contract. They have an exit clause describing what happens to that exchange if they decide to not train you for the full 1000 hours. It's odd that there is no clause describing what happens if you abandon the promise of the 1000 hours worked.

It could be that they tossed together some crappy contract and missed some details, it could be that they consider your quitting as "even Steven" for the training they spent on you, all sorts of things.

I suggest a 15 or 30 minute consult with a labor/employment lawyer; it's not terribly expensive and lawyers are best used to avoid trouble and not to sort it out after mistakes are made. There's probably even a legal clinic that you can use to get free advice from lawyers doing pro bono work.

Another suggestion is that you shouldn't burn bridges, you never know who you will be working with in a year or two.

CAL05699 · Oct 29, 2011

No contract can require that you work a job you don't want -- that is called slavery. There can be liquidation damages but only if they are specified in the contract and only if they are justified, such as repayment of some training cost. If the contract does not mention such a penalty, then there is none. If you want to quit, you can quit.

Nierdo · Oct 31, 2011

Thanks for the insight. This is my first contract and since there was no mention of penalizing me for leaving i was just running it by other nurses for their insight. I do not intend to quit just wondering if there was a loophole if i acquired a 2nd job. thank you!

GoGunrock09 · Oct 31, 2011

i'm in the same position as you. I remember when I was signing paperwork before starting on the floor, my contract required me to work for at least one year, otherwise the consequence is paying the hospital back 5grand.

However, I know a few ppl who got out of paying so long as the reason why you are leaving has to deal with something that is out of your control...like family issues, husband relocating...or sometimes if it is really close to your contract due date.

I'm trying to stick out my one year, but it's hard, I understand how you feel. But I'm not having much luck finding another job so I guess I just have to stay anyways.