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Discussion

BREACHING AGENCY CONTRACT

Dear All,

Thinking if anyone here have the same experience as me. I am on the process of processing to go to the USA and I am for embassy interview already. Due to personal reasons, I changed my mind and do not want to go. However, I already signed with an agency with a whooping breach of contract payment of $45,000, my question is, if I do not go to the USA and stay here in my home country, is the agency able to ask for this $45,000???? I do not mind paying what they have spent with the process but $45,000 is just too much. Need HELP.

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    • Featured Replies

    Contact the agency. But I think the costs become effective the minute you report for work. At least that’s how it was with my agency. We’re not considered in breach if we never started working. However, I live here and I’ve only accepted in-state contracts.

    Review the wording in the contract carefully, and call and talk to them to explain your situation. Word of caution, though. A simple “I changed my mind” might not go over too well as an explanation. You might want to come up with something better than that.?

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    • Author

    Thank you for that.

    I am here in France , my worry is if they can enforce the contract I signed here?

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    You shouldn’t worry until you have cause to. If you’ve not yet begun working, the agency hasn’t lost anything (except whatever charges you’ve admitted to possibly needing to pay back). Here in the states, and every agency is different, any significant amount of money is spread out over the course of the contract. They give you an initial amount about 30-60 days after you actually start working, and then a portion every 6 months until you receive the total. Again, that’s been my experience as a travel nurse here in the states.

    Have they already given you any money? Did someone tell you that you’re in breach of contract? When were you set to start working? What verbiage in the contract has you so concerned before you’ve even completed all the necessary clearances?

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    2 hours ago, zzzzzzz said:

    [...]

    I am here in France , my worry is if they can enforce the contract I signed here?

    If you haven't done so, you might consider meeting with an attorney. He or she would best be able to advise you how to proceed.

    Best wishes.

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    • Expert

    I agree to meet with an attorney to be on the safe side. Especially if the agency has already paid fees for certain things in regards to your license and visa, etc.

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    How about you just go through with what you committed to.

    Otherwise, then the easiest way out is to just fail your embassy interview miserably. Stating you intend to stay past your contract, your real intention is to marry and get a green card, etc. screws your future chances of coming over though.

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    • Author

    The thing is, I do not want to go through with it anymore. I do not want to go to the USA anymore because I want to settle down here.

    I am willing to pay the stuff that they have paid for the process but $45,000 is just too much.

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