breaking a travel contract?

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has anyone here worked as a travel nurse and had to break a contract early? What was your situation and what were the consequences?

Meriwhen, ASN, BSN, MSN, RN

4 Articles; 7,907 Posts

Specializes in Psych ICU, addictions.

Moved to Travel Nursing to help you get more targeted responses.

I personally have never done it. But if I were to, I would have an attorney eyeball the contract to help me understand what the legal ramifications of breaking it are...and you never know--the attorney may be able to find you an "out."

Best of luck whatever you decide.

NedRN

1 Article; 5,773 Posts

You don't want to do that for a number of really good reasons. Last resort only and only for critical family issue or illness.

If you will share with us the exact issue, we can perhaps help you problem solve.

ceccia

269 Posts

i'm asking for someone else, so will try to give more info without being overly specific.

recent health issues, has been off of work for all of last week (with dr's note) and no improvement.

guessing the hospital is going to cancel the contract. the only concern is financial (fees, penalties, etc - no dollar amounts or specifics re:cancellation mentioned in the contract).

NedRN

1 Article; 5,773 Posts

Those will be enumerated (or should be) in the contract. Actual penalties will hinge on who is paying for housing, the health issues, the value of the traveler (minimal if first assignment with this agency), and negotiating skills. But much will boil down to the agency practice, not the contract if there are lots of weeks to go. Real costs are related to housing but there are intangibles.

ceccia

269 Posts

i edited to clarify no specifics are in the contract re: penalties and cancellation. Not in company-provided housing.

they expect to forfeit any housing /per diem stipends and have paychecks withheld. but how likely is the agency trying to charge the traveller fees in excess of what they actually earned on the job?

NedRN

1 Article; 5,773 Posts

Totally depends on the agency.

ceccia

269 Posts

i know. what was your experience with breaking a contract (and/or having one cancelled by a facility)?

NedRN

1 Article; 5,773 Posts

While I have been terminated from assignments, I don't see how my unique experience with a different agency will instruct you further. I've never been penalized, but I get my own housing and negotiate contract language carefully prior to accepting an assignment. I don't take assignments with agencies with one-sided language.

What you are dealing with it sounds like is an open-ended penalty clause since you say there are no specifics. It might even include lost profits and loss of business reputation. Generally a fair contract is one that specifies penalties per missed hour at a fair rate that only takes into account real losses. From my perspective, a contract such as your friend is not one I would ever take. It is so unfair that I'm not sure it would hold up in court but of course it would be unlikely to be worth the time and money to pursue it.

Holding up last checks is illegal in most every state but the penalities vary wildly. Some states have triple damages but only if filed by a lawyer versus the free service you may get from a state dept of labor. Reversing the prior week's direct debit is certainly illegal but is a common occurence by agencies attempting to collect a portion of the contract's liquidated damages without having to go to court (suits against travelers are rare, and collecting is even rarer). Generally speaking employers are not allowed to take contractual damages out of a last check, but that happens frequently nevertheless.

ceccia

269 Posts

that does help; thank you. this is one of my housemates and i looked at the contract, and yeah it is very one-sided, and the penalties for cancelling or getting cancelled are vague and not at all spelled out.

she's been having random episodes of passing out as well as seizure-like activity, and basically feels worn out all the time because of it. at this point she said she honestly doesn't care if she gets paid for any of the work she's already done, she just wants to be done, and is only afraid of being dragged to court or fined amounts that are even higher than her earnings from the job.

NedRN

1 Article; 5,773 Posts

Court is very very unlikely, and even should she be notified, getting her there and collecting will be close to impossible if she resists. Collecting without court is just as unlikely, but there are a few outlier agencies that may use reporting to a credit bureau as a tactic.

All of this discussion is premature. The agency hasn't done anything and is unlikely to bother trying to recover anything past real costs considering this is a real illness rather than just disliking the assignment. Good luck to her.

MsConstrued

79 Posts

I just ended a contract a month early and was in company housing so we vacated within 48 hours as instructed and have yet to hear what penalties I incurred. I figured it will cost me a pretty penny but I'm the type where I see life as short and I could not spend another 12 hour shift in that miserable place. They haven't given me my last paycheck yet but like Ned says, if they do try anything funny I will hire a lawyer. I felt my license was on the line several times at the place of employment and will ask a lawyer's advice if I have to. I will PM you if anything else happens.

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