Verbal Contract Valid????

Specialties Travel

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I am a travel nurse who has finished a 13 week contract. About 3 weeks ago I told my recruiter that I would take another 13 weeks at the same facility. No contract was signed. One week before my contract was up my son had a severe eye injury requiring surgery. I completed my assignment. I informed my recruiter that I was not going to do another 13 week assignment. She informed me that they are going to charge me (out of my last check) for one months rent. As I said I did not sign a contract with this company. She said they needed a 30 day notice and that she had a verbal agreement with me. Does anyone how the legalities of this matter? The money that will be taken from my check would have gone towards medical bills. Any help will be appreciated. Thanks in advance.:crying2:

Am I the only person who thinks it's important to keep your word? You agreed to a contract. You couldn't fulfill it, even though it wasn't intentional. You needed to give the notice and if you couldn't, you need to reimburse them for the money they are out.

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Am I the only person who thinks it's important to keep your word? You agreed to a contract. You couldn't fulfill it, even though it wasn't intentional. You needed to give the notice and if you couldn't, you need to reimburse them for the money they are out.

I'm not saying she had no contract - exactly the opposite. Verbal contracts are nonetheless contracts. The OP is definatly bound by the contract.

However, there are extenuating circumstances here, and the existance of those circumstances may affect the contract.

The courts are sensitive to the "little person" when its the "little person" against the "big bad company." The OP should argue that the agency is charging her merely to be punitive (punishing), not because they actually lose money on her. The courts won't like the idea of the company punishing a worker when the reason for breaking the contract was her need to take care of her son after his emergency. Punishing a worker for just flaking out is one thing, but this is a unexpected circumstance.

I'm not saying any of my ideas of for voiding the contract are good; I'm just saying there are options - not the least of which is just explaining the whole situation and asking the agency to make an exception. The fact is, charging the OP breaking the contract isn't going to perent eye accidents in the future.

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I understand you're just pointing out the OP's options. What I don't understand is why everyone thinks it's ok to try to weasel out of agreements just because they can without the other party's ok. It isn't like the OP is going to starve to death because she had to pay what she rightly owed to her company. Sometimes the little guy does get screwed by a big bad company, but that obviously isn't the case here and trying to portray it that way just makes it harder for the next little guy who really is getting screwed. Maybe it's an unpopular or outdated opinion, but I think people should live up to their agreements. Unless the company decides not to charge her, she owes them the money.

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I understand you're just pointing out the OP's options. What I don't understand is why everyone thinks it's ok to try to weasel out of agreements just because they can without the other party's ok. It isn't like the OP is going to starve to death because she had to pay what she rightly owed to her company. Sometimes the little guy does get screwed by a big bad company, but that obviously isn't the case here and trying to portray it that way just makes it harder for the next little guy who really is getting screwed. Maybe it's an unpopular or outdated opinion, but I think people should live up to their agreements. Unless the company decides not to charge her, she owes them the money.

"weasal out"? Her son is recovering from EYE SURGERY. I'm sure the OP would rather her son did NOT have eye surgery so that she could easily fulfill the contract...I doubt she is celebrating the eye injury...

Gosh, I brag about lacking compassion (hence the move to law), but you're really upstaging me.

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Specializes in Oncology/Haemetology/HIV.
Am I the only person who thinks it's important to keep your word? You agreed to a contract. You couldn't fulfill it, even though it wasn't intentional. You needed to give the notice and if you couldn't, you need to reimburse them for the money they are out.

I agree wholeheartedly.

While we may be in demand and we may be making the company money, we still owe it to the company to be honest and to pay when we are unable to fulfill our end of a deal. It has to do with ethics, not what is legal or not.

If we do less, we are no better than hospitals that renege on what has been promised to us and not delivered, in an employer-employee relationship. How many of us have worked as a non contract employee and have gotten treated to the "nurses are a dime a dozen" and "we are paying them, so that they better put up with our garbage" attitudes and the resulting changes to work conditions/staffing/etc.

We need to do what is right, not what is easy, and legal and that one can "get away with".

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"weasal out"? Her son is recovering from EYE SURGERY. I'm sure the OP would rather her son did NOT have eye surgery so that she could easily fulfill the contract...I doubt she is celebrating the eye injury...

Gosh, I brag about lacking compassion (hence the move to law), but you're really upstaging me.

I am not saying her son did it on purpose, or she's happy it happened or anything like that and to imply otherwise is a cheap shot. I'm sure being able to twist people's words will come in handy in a courtroom, but it's uncalled for here. Since you've never even met me before, it's a pretty big leap to assume I lack compassion.

I am saying that even when unforseen circumstances occur, you still have to be an adult and meet your obligations. Things happen in life. I've had to move on the spur of the moment because of an unforseen and unhappy event. I didn't think that meant I could avoid giving 30 days notice to my landlord or paying for it. Asking the travel company to forgive the money is one thing, but some posters seem to suggest that she should just deny ever entering the verbal contract and that is just underhanded. That is what I would call "weaseling" out of it.

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I am sorry, but the poor person who posted this asked for help, not to be judged or looked at being some type of "example". She has a valid reason to want out of her extension and the fact that she finished the last contract shows her devotion and work history to her company. They realize she is a good and valuable nurse, therefore I believe they will work with her. And to say that this isn't going to keep food from her table is judgemental and added stress she doesn't need right now. Her son is ill and helping him should be her main priority right now and what she DOESN't need is blame and senseless opinions from people she doesn't even know or who do not know her financial responsiblities. A month worth of housing can be $1000 - 3000 depending on where her assignment was, so it could mean a month or several months of food for her, especially if she is a single mom and has other children. We really need to watch what we say and how we say it here. I pray to god the person who orginally wrote this isn't even reading it anymore and has figured it out on her own.

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Specializes in L&D/MB/LDRP.
Am I the only person who thinks it's important to keep your word? You agreed to a contract. You couldn't fulfill it, even though it wasn't intentional. You needed to give the notice and if you couldn't, you need to reimburse them for the money they are out.

In the travel business it's all about the money for these companies. They are not losing the money if she does not keep her "verbal agreement". Most of these companies lease their properties for a year anyway. They try to screw you out of anything they can! Trust me I know. I travel because it's bebeficial to me, I don't care about the company. If I dont travel, they dont make money anyway. They are not losing money!

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you still have to be an adult and meet your obligations.

What her obligations are is the issue. If there are circumstances that void the contract, or there are circumstances under which a court is unwilling to enforce a contract, her obligations could change.

I'm not saying a court would rule it inequitable (unfair), or that its even worth hiring a lawyer. I do, however, think its worth getting in the 'face' (ha) of the agency and explaining that these were extenuating circumstances, becasue perhaps the agency would lower the fine to only the amount they actually lose.

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. I do, however, think its worth getting in the 'face' (ha) of the agency and explaining that these were extenuating circumstances, becasue perhaps the agency would lower the fine to only the amount they actually lose.

I certainly agree with you there. My problem was with the "it's your word against theirs" crowd who seem to suggest lying to get out of it or those who claim that a verbal agreement is meaningless. Negotiating is fair. In the end, the travel company may decide it isn't worth it to them to force the issue. If they do, then imo, it's morally wrong for anyone to try to lie their way out of it regardless of the circumstances.

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