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contract broken, do I pursue it?



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Feb 24, 2006 02:17 AM

contract broken, do I pursue it?


Recently, I was on a travel assignment and after three weeks I got a call from my agency saying they did not want me to return.
(I had a 10 week contract.)
Be assured I have 15 years of clinical experience and it was absolutely not over a clinical issue. My agency put me back to work in three days.

I am seriously considering legally pursuing the hospital for breach of contract. Does anyone have any experience pursuing anything this serious?


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7 Comments
No. 1
Old Feb 24, 2006, 10:45 AM

Default Re: contract broken, do I pursue it?
No, I don't...........personally, I would be inclined to just move on. JMO.
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No. 2
from fergus51
Old Feb 24, 2006, 10:58 AM

Default Re: contract broken, do I pursue it?
Most contracts include something about the hospital having the right to fire you at any time. You are not guaranteed to work there for your whole contract just because you signed a contract.
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No. 3
from NephroBSN
Old Feb 24, 2006, 11:01 AM

Default Re: contract broken, do I pursue it?
Originally Posted by rnwaller
Recently, I was on a travel assignment and after three weeks I got a call from my agency saying they did not want me to return.
(I had a 10 week contract.)
Be assured I have 15 years of clinical experience and it was absolutely not over a clinical issue. My agency put me back to work in three days.

I am seriously considering legally pursuing the hospital for breach of contract. Does anyone have any experience pursuing anything this serious?
You'll spend more money on legal counsel than you'll reap.

Lesson learnt on your part. The hospital may or may not have learnt anything.
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No. 4
from CHATSDALE
Old Feb 24, 2006, 11:02 AM

Default Re: contract broken, do I pursue it?
what is a contract for if both sides are not willing to abide by it...if they can terminate without cause it is not a contract

however, i would also move on...be sure that agency has a record of this breach..if they have a contract and then fill the vacancy with a newly hired nurse this needs to be in their file..
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No. 5
from applesRN
Old Feb 24, 2006, 12:00 PM

Default Re: contract broken, do I pursue it?
You are not alone. I highly doubt you'll get anywhere by suing. Never trust a hospital- they are in it for the money.

I also had a travel assignment once, with American Travelers. Don't use them. I had a phone interview with a hospital about an hour from me. Our telemetry units sounded very similar (basic). I moved out of my apartment, packed everything but necessaries into storage, paid the $250 deposit on the new apt much closer that AT set up. Moved in. Started work- first they sent me to the wrong hospital, so I was late arriving. Then they said I had to have a copy of my Virginian license- I had obtained it but it wasn't sent to me yet. Any other hospital would just call and confirm that my license was current. They made me drive to Richmond and back (4 hours) before I started. So then I started work. The pace of the floor was totally different. Much faster, in depth bedside procedures, and the vast majority of the nurses spoke Spainish. I can understand a little; I knew they were talking about me while I was standing right there! Anyway, to make a long story short, the manager came by on Thursday and asked how I was doing- I said fine and I look forward to working there. ( not entirely true) The next day I went to a computer class, my final day on orientation- I'd already put in close to 40 hours that week- and the teacher said I needed to go to HR. I went there, and they said they were canceling my contract. I asked if I could at least be transferred to Med-surg, since they had positions open for travel nurses there. They said no. Then they offered me, on the spot , a job in the critical care permanently. I said no, if you don't feel I have the skills for tele, (which I do) I don't want to work in your CCU. I had to move out of my apartment in 24 hours. I lost the deposit. I was never paid for any of the work I did.

You are not alone.
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No. 6
from fergus51
Old Feb 24, 2006, 01:19 PM

Default Re: contract broken, do I pursue it?
Originally Posted by CHATSDALE
what is a contract for if both sides are not willing to abide by it...if they can terminate without cause it is not a contract
.
A contract is more than just "you will be employed these dates", they have things like hours of work, pay for housing, conditions of benefits, etc. Travellers contracts tend to include some language about what happens if a hospital chooses to end your contract.
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No. 7
from rnwaller
Old Feb 25, 2006, 02:15 AM

Default Re: contract broken, do I pursue it?
Thanks for the input, especially the phrase about having a phrase in your contract about what happens if the hospital cancels.
I also found out it depends what state your in and the state law about contracts - both ways if you breach or if they cancel.

One person suggested I just go after a weeks pay in small claims court.
Still thinking.
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