Contract penalty?

[Hjacobs510]

I've been traveling for almost three years. I've been with the same company for that time, but my 1st recruiter left this year. My current recruiter and I have never really communicated that well, and this current situation is kind of the tipping point, but I wanted some perspective. I'm currently at an assignment that I like. My unit manager asked me several weeks ago if I wanted to extend. I said that would be fine, and that I would probably resign. I get a call from my recruiter at 11am the a few days later after working 3 nights floating an extension. I said yes. I get the contract, but it is not for my current hospital, but for the contract I had previously. I assumed it was a mistake and contacted my recruiter, but he said that the contract was correct and that I had agreed to an assignment at that facility. After 1 hour of sleep I could see making that mistake, but I told him I was not particularly interested in going back to that assignment. I got a long guilt trip about signing the contract, and the assertion that my current facility was not offering me an extension, which was confirmed not be the case after speaking to my manager. I did not commit to anything else, and after I got off the phone began to shop around for another recruiter.

After a few weeks I get a text message from him now floating a contract for my current assignment. My circumstances have changed enough since I last spoke to him that I can't firmly commit to any contract for the next two weeks. his response was that they already had to pay a penalty because I didn't accept the last contract and I should just accept this one. So, that whole story for one question. I never signed anything. Why would there be a penalty involved? There was greater than two months since the contract was sent to me until my start date, so it was not as if they were scrambling to fill my spot. I provide my own housing, so no one was out that expense. I understand that verbal contracts can be binding, but saying that an offer sounds good doesn't sound the sound the same as excepting a contract. Understand that there was no mention of my being held responsible for the penalty, but perhaps because of our not so cordial relationship I read the threat implied if I did not accept this contract. My question was about why there was a penalty at all.

Thanke all

[NedRN]

I don't see anything about the agency penalizing you. All I see is a recruiter mistake (a really inexcusable one) allegedly resulting in a penalty to them. You should be OK, but I'd take it up with agency management now.

[Hjacobs510]

Thanks, I wasn't really thinking I would be penalized. I was wondering if there was any cause for the hospital penalizing the agency if there was no signed contract. The whole thing was a communication error, and I'm partially to blame for not listening mote closely or asking him to call me at a better time. Part of me was just wondering if he was blowing smoke, this wouldn't be the first time I've gotten not completely accurate info or had him try to guilt me into a decision I wasn't ready to make.

[NedRN]

The claim of a penalty by the hospital is probably false. Some contracts do contain such a penalty, but under the circumstances, especially the presumed fast retraction of a commitment, such a fee is unlikely to be charged.

[Wolf at the Door, BSN]

Sounds like a guilt trip to me by the agency. Don't fall for it and MOVE RIGHT ALONG.

[Ginger45]

Having a good relationship with your recruiter is a must. My first assignment was awful. I would certainly change that. They can't penalize you for something you never signed.

[NedRN]

Actually there are several things they can do without a signed agreement. One is claim a verbal agreement and assess a penalty anyway. Perhaps even worse than now filing a court case to collect is threatening and then following up by sending you to collections. Very unethical but it does happen and there is virtually no defense against this ding on your credit history other than paying. You can take them to court and win but that is costly and may not even fix your credit report.