A legal question

suzanne4, RN · Dec 19, 2005

Suzanne, i hope you can give an insight on my problem. i will be leaving this jan 2006 for;New Mexico and am not entirely happy with my contract. I signed with an agency;a contract 3 years ago here in Manila and for a signed bonus of $12,000 spread for 2 years ..now that i have my visa they ask me to sign the contract which is for 3 years and the bonus is down to $6,000. the nurse patient ratio is 1:8 which are all high risk and post- surgical patients;I am also going to be assigned in an area which is also not my expertise.I just;want to know if i have option to buy out my contract for just $10,000 especially since;I was the one who paid for most of my exams such as CGFNS, TSE, Visascreen and medical exams. and what are its implications if ever.. like can they cancel my petition if i work in another facility even after paying them? will that have an effect on my green card especially since it was addressed to them;Is that legal... the 1:8 nurse ratio? are there any legal remedies available to me;I will be very grateful if you can reply to this soonest thanks in advance!!!

I suggest that you get an attorney so that you can get out of that contract. You have a written and signed contract by them that needs to be honored. If they cannot honor it, then they need to let you out of it, just as you would be letting them out of their agreement. Your geen card is not addressed to them, it has your name on it. You need to speak with an immigration lawyer now.

Sorry, I can't offer more but I do not have the contract in front of me. Jus the idea that the process took three years is something to take into consideration on their part as well.

nina9404 · Dec 20, 2005

Not sure if they were sent back, or they returned on their own to Manila. They were only getting $7 per hour as a CNA. Nothing was as promised.

Thanks! :)

Rep · Dec 21, 2005

Hi Suzanne!
Just want to ask what happened to the group of doctors you were talking about? Why were they sent back?
Thanks!

That was a news in a national daily here but it was not front page. But the thing is that was an issue used by Galvez in her opposition of doctors going back to nursing. It was used by her to discourage doctors to immigrate as nurses.

Don't worry. I work as a medical representative here and I cover doctors,, some of them with RN are in the final stage of the immigration process.

pinoy_guy · Dec 21, 2005

that was a news in a national daily here but it was not front page. but the thing is that was an issue used by galvez in her opposition of doctors going back to nursing. it was used by her to discourage doctors to immigrate as nurses.

are you referring to jaime galvez-tan?

it's "he," not "she." :chuckle

yeah, i saw the series of press releases in various publications, and how he went to the us to dissuade american hospitals from hiring filipino nurses, especially md-rns, coz we are "running out" of doctors and nurses. he cited this "fact" to support his "theory" that mds can never be rns.

there were a couple of seminars/conferences which mentioned this deportation too...but they didn't give the exact reason, no names/hospital/state/date. just the vague "doctors-turned-nurses were deported," implying that their being doctors was the reason. they added that md-rns in the us as nurses "acted as doctors, earning the ire of us doctors," thus they were deported. an anecdote used was the md-rn in the er who resuscitated a doa patient, but overstepped the nurse practice act in that state (curiously, which state was never mentioned).

i'm glad to know that some people still speak the truth out here, and i'm happy to know the real reason why these poor people were deported.

let's face, it, they're still human beings. when cut, do they not bleed?

i'm sick and tired of some people who feel that doctors who take up nursing should be shot on sight.

they're still people, with a family to feed.

obviously they cannot feed their families anymore, that's why they're sinking 3 years of their lives (they don't earn while attending classes and going on duties) to be able to give their children a comfortable life. not filthy rich, just comfortable.

with the current shortage outnumbering the nurses by a factor of 5 to 10 depending on the source, it is obvious that an md-rn in the us is not "taking a job away from" a filipino rn.

i hope we can all rise above this crab mentality and help each other out, rather than spread misinformation to hinder others.

Rep · Dec 21, 2005

are you referring to jaime galvez-tan?
it's "he," not "she." :chuckle
.[/i][/b]

:imbar

nina9404 · Dec 21, 2005

to rep and pinoy guy,

thanks!!! :)

lawrence01 · Dec 22, 2005

are you referring to jaime galvez-tan?
it's "he," not "she." :chuckle
yeah, i saw the series of press releases in various publications, and how he went to the us to dissuade american hospitals from hiring filipino nurses, especially md-rns, coz we are "running out" of doctors and nurses. he cited this "fact" to support his "theory" that mds can never be rns.
there were a couple of seminars/conferences which mentioned this deportation too...but they didn't give the exact reason, no names/hospital/state/date. just the vague "doctors-turned-nurses were deported," implying that their being doctors was the reason. they added that md-rns in the us as nurses "acted as doctors, earning the ire of us doctors," thus they were deported. an anecdote used was the md-rn in the er who resuscitated a doa patient, but overstepped the nurse practice act in that state (curiously, which state was never mentioned).
i'm glad to know that some people still speak the truth out here, and i'm happy to know the real reason why these poor people were deported.
let's face, it, they're still human beings. when cut, do they not bleed?
i'm sick and tired of some people who feel that doctors who take up nursing should be shot on sight.
they're still people, with a family to feed.
obviously they cannot feed their families anymore, that's why they're sinking 3 years of their lives (they don't earn while attending classes and going on duties) to be able to give their children a comfortable life. not filthy rich, just comfortable.
with the current shortage outnumbering the nurses by a factor of 5 to 10 depending on the source, it is obvious that an md-rn in the us is not "taking a job away from" a filipino rn.
i hope we can all rise above this crab mentality and help each other out, rather than spread misinformation to hinder others.

excellent post. let's help each other out - out of the system. :chuckle

suzanne4, RN · Dec 22, 2005

The group that I am speaking about were on one of the Coasts, they did not get their green cards or even go thru that process. Their agency promised that there was a quick way for them to get to the US, and sent them on either a bogus student visa or as unskilled laborer, and they remianed just that. Just getting $7 per hour, and nothing more. They were not deported but decided to all return to the Philippines after they were taken advantage of for so long. They were never able to complete the credentials to work as an RN in the year that they were in the US and got tired of the promises that kept being made to them..

This is why I get very nervous when I see any agency requesting that the RN also get an LPN license, and possibly even the CNA. It really scares me as I have seen what has happened.

Several other countries were trying something similar and the US Government put a stop to it before they left their home country.

jessicia · Feb 20, 2006

Hi not sure if anyone can help i am with an agencey here my husband has been offered a great job in california but i am in boston! want to leave my contract as want to be together and its easier for me to move than him with his job. I have a buy out fee of $15,000 has ayone bought themselves out of there contract? any tips? i have been here for 3 mths. Thanks