by nylecoj

Hi everyone!I just want to get some input from you regarding my situation.I was brought here in the USA by an agency that recruits RN's in the Philippines.2 weeks before my departure,the CNO of the hospital called me saying I will be transferred to their sister hospital,which is in a rural area and a smaller facility.She said I was going to be the first filipino nurse there but not to worry because they will be hiring more so that this facility will have a small community of Filipino nurses.I said it was ok.So then here I arrived in this facility.I worked as a CNA half of the day and did my NCLEX review half of the day on the computer.CEO approached me and asked me to sign the new contract,all stipulations from the old contract were the same except thet she asked if I agree to make it 3 years instead of 2 years.I was so new & vulnerable that time,I said yes without thinking about it & without even consulting my agency and my family.Now,I am here for 2 years & 4 months and just can't take to be in this facility anymore.Can I buy out my contract at this point?Please help me decipher what to do.Thanks!

Re: help pls!can't finish 3 yr contract

You are bound to honor the terms of your contract, you signed it and agreed to it. As far as "buying out" of your contract, read the portion of the contract that covers early termination of contract. If you have a clause that states you may cancel for a fee (or a formula that spells out how much money you must pay) then that should answer your question.

However, if you choose to simply quit, you may be sued in civil court and your employer and agency may be entitled to monetary damages. This will damage your credit standing and if a judgement is rendered against you, the employer or agency may garnish your paycheck/bank accounts until they are paid back in full. A judgement may last up to 10 years on your record. Not a good thing to have hanging over you as you will be denied the ability to rent, borrow money or even get a bank account if you have a judgement against you.

Read your contract carefully. You are a college educated professional so a judge will not sympathize with "I did not understand" the contract excuse. If necessary, consult with an attorney before making any decision to quit or walk out.

Re: help pls!can't finish 3 yr contract

OUCHHHH!!!! Take a deep breath and think clearly. I am not there, haven't been there and i do not know what you're going through right now BUT try to finish your contract as much as possible because breech of contract would surely cost you a "LOT" or otherwise, they may sue you. Just think positively that you are already there for 2yrs & 4months and it means that you just have to sacrifice & wait for only 8months. Time approaches too fast and just think that "you be able to finish it without noticing it" and then go to a place where you wanna stay.

I pray that you be in good condition, safe and strong. Take care & God Bless you!.

Re: help pls!can't finish 3 yr contract

You only ahve 8 more months to go.. I know its quite long but its better than paying for the contract that may cost your 3 year salary there... hang in there!

Re: help pls!can't finish 3 yr contract

And one more thing, next please read before signing!!! Your not just risking your profession here, you might be also risking your life...

Re: help pls!can't finish 3 yr contract

Thanks for the input.What if my contract does not have any clause about early termination or anything to that effect?I cannot work with this facility anymore.The floor that I am in is too risky that I'm afraid I will just lose my license one of these days.I have no plan of walking out or just quitting.I just want to know how I can get out of this situation the right way.

Re: help pls!can't finish 3 yr contract

I was told that All RN nurses from the philippines are brought here in US to work directly as an RN not as a CNA in the beginning. Why is that? I've never heard of your situation.
By the way, I'm Filipino and have moved here in US 6 years ago. I'm also a CNA..It's a tough job!!!! Good luck

Re: help pls!can't finish 3 yr contract

Originally Posted by anaboom

I was told that All RN nurses from the philippines are brought here in US to work directly as an RN not as a CNA in the beginning. Why is that? I've never heard of your situation.
By the way, I'm Filipino and have moved here in US 6 years ago. I'm also a CNA..It's a tough job!!!! Good luck

This is definitely not true, it depends on the agency. There is one in particular that recruits in Manila and for CA, and they require the nurse to undergo a training period of minimum of three months and they get paid the CNA rate. And it is so bad, that the US Embassy is not permitting the dependents to accompany them to the US initially since they cannot afford to take care of them with the money that they earn.

And it also depends if they have their license in the first place. Remember that the petitioning process could be started with just passing the CGFNS exam and that does not permit a nurse to work in the role of the RN and get the RN salary if not licensed.

There are agencies that will not even submit the documents for licensure until the nurse is actually in the US.

Re: help pls!can't finish 3 yr contract

Oh! I never thought that this is happening! An immigrant working in US for a CNA job and CNA rate with no accompany...uHHHmmm, That's really hard! I know how they all feel....
But, it's probably better for them, to just finish up everything, licensing, NCLEX , in the philippines before coming to US even if it takes a little longer. .........

Originally Posted by suzanne4

This is definitely not true, it depends on the agency. There is one in particular that recruits in Manila and for CA, and they require the nurse to undergo a training period of minimum of three months and they get paid the CNA rate. And it is so bad, that the US Embassy is not permitting the dependents to accompany them to the US initially since they cannot afford to take care of them with the money that they earn.

And it also depends if they have their license in the first place. Remember that the petitioning process could be started with just passing the CGFNS exam and that does not permit a nurse to work in the role of the RN and get the RN salary if not licensed.

There are agencies that will not even submit the documents for licensure until the nurse is actually in the US.