Break agency bond

chicagonurse · Mar 17, 2006

You might be stuck with the agreement. But you should contact a lawyer for better advice.

suzanne4, RN · Mar 17, 2006

I am an Indian nures have been working for Hospital in NY. Agency forced us to sign documents before coming to India.And they Deduct 15% of per hour salary . I am really worried with agreement. I haven't signed any document after reaching US.They force me to sign some documents and they even threaten me, "You will in trouble , your Green card will be cancelled if you don't sign agency doc.". Is there anybody who broke agency bond, Indian nurses. How and who i want to contact for that (Law attorney)

Sorry, but this is completely illegal on the part of the agency. Once you have the green card in hand, the have nothing to do, you recieved it and that is it.

Please send me a pm with the details of the agency, and the contract. This is just not acceptable. As well as you cannot force someone to sign a contract that they do not want to sign. Agencies like this should not be permitted to even remain open.

=sAm= · Mar 17, 2006

I am not any type of expert in this area but I do know I worked with several agency/Indian nurses who were being taken advantage of in regards to pay and hours. They found that by being fired from the position they were hired for they were relieved of their contract obligations. One nurse asked me to report her (which I did) and she was subsequently terminated. Two days later she was working somewhere else at $15 higher pay rate. None of the nurses lost their right to work (green card). Please read your contract. It was disgraceful the way they were treated.

suzanne4, RN · Mar 18, 2006

But they should not need to be fired, plus if they are fired, in most ocntracts they still have to reimburse the agency.

I want to see these horrible people from these agencies put out of business. It is inexcusable to tret another human just like this. If we all get together, then maybe we can put a stop to this.

NYrnTX · Mar 18, 2006

My feeling is that, nothing would happen if you just walk out of the contract. Because,

Your agency forced to sign the contract

You signed the contract when u were in a foriegn country (India, in this case). I am not sure whether U.S courts will uphold foreign contracts.

Its not the agency who gave you the green card, it is USCIS. Only USCIS can revoke it. Once your I-140 is approved, employer lost control on your petition.

Moslty, agency may make some mails/phone calls threatining you about severe consequences and a law suit. But, it may be foolish for them to file a law suit against you. Because

If they do, you may file a counter suit against agency accusing forced immoral contracts.

Agency knows that, you may file a complaint against the agency to the Dept of Labour about all these immoral contracts. That will put a blackmark against the company on USCIS records and, mostly, all future I-140 application from the same agency will be turned down. All agencies will do anything to keep their name 'Clean' in DeptOfLabour/USCIS records.

Disclaimer : Above was just my opinion on the subject. No legal advise.

I am an Indian nures have been working for Hospital in NY. Agency forced us to sign documents before coming to India.And they Deduct 15% of per hour salary . I am really worried with agreement. I haven't signed any document after reaching US.They force me to sign some documents and they even threaten me, "You will in trouble , your Green card will be cancelled if you don't sign agency doc.". Is there anybody who broke agency bond, Indian nurses. How and who i want to contact for that (Law attorney)

suzanne4, RN · Mar 18, 2006

My feeling is that, nothing would happen if you just walk out of the contract. Because,
Your agency forced to sign the contract
You signed the contract when u were in a foriegn country (India, in this case). I am not sure whether U.S courts will uphold foreign contracts.
Its not the agency who gave you the green card, it is USCIS. Only USCIS can revoke it. Once your I-140 is approved, employer lost control on your petition.
Moslty, agency may make some mails/phone calls threatining you about severe consequences and a law suit. But, it may be foolish for them to file a law suit against you. Because
If they do, you may file a counter suit against agency accusing forced immoral contracts.
Agency knows that, you may file a complaint against the agency to the Dept of Labour about all these immoral contracts. That will put a blackmark against the company on USCIS records and, mostly, all future I-140 application from the same agency will be turned down. All agencies will do anything to keep their name 'Clean' in DeptOfLabour/USCIS records.
Disclaimer : Above was just my opinion on the subject. No legal advise.

I happen to agree with what you posted. But I also think that the US Embassy in the respected country needs to be notified of this, as well as the Indian Consulate in the US. They can actually put a stop to an agency dealing in their country.

This is not how to treat people.

NYrnTX · Mar 19, 2006

Question for you :

What was your total cost (from your pocket) for coming to US, including EVERYTHING (Exam fee/doc fee/whatever). Wanted to know howmuch agency spend for you

How long you are working for this agency in US

What proof do u have to clarify that agency is taking 15 % (not more / not less)

If you walkout, do you think you can get a new job with your own efforts (contacts/friends)

Do you have enough saved (other support/source of income) atleast for 3 months without having a job?

Should be considerd before taking any decicion..

I am an Indian nures have been working for Hospital in NY. Agency forced us to sign documents before coming to India.And they Deduct 15% of per hour salary . I am really worried with agreement. I haven't signed any document after reaching US.They force me to sign some documents and they even threaten me, "You will in trouble , your Green card will be cancelled if you don't sign agency doc.". Is there anybody who broke agency bond, Indian nurses. How and who i want to contact for that (Law attorney)

nurse4action · Mar 19, 2006

Before you quit...

Your green card may be linked to this agency as sponsor for a predetermined length of time.

Canadian nurses have to work for the sponsoring agency for one year.

Don't just quit before talking to an attorney, please. It may violate your green card.

suzanne4, RN · Mar 21, 2006

The biggest issue that comes up; not that they are they only taking a percentage of your salary, many agencies do that, but the problem that has been occuring with most contracts is that if you are working for an agency, they need to provide full time employement and many are not. If the facility cancels you, it is the agency's responsiblity to pay you, they have signed doucments with immigration that they have full time work for you. If they don't, they are in violation of the US Immigration.

The problem with the op contract is that no one should ever be threatened like that, I have the biggest issue with that. All of you that care coming here to work have equivlaent of Bachelor's Degrees and many have more education than the people working in these agencies and it is inexcusable to talk to someone like this, as well as threaten them.