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Discussion

Breaking contract and its consequences

Hi all! So I recently accepted an offer for a new grad program and So far I have been thrown in the fire to take patients on my own due to short staffing. Overall I feel that I am not where I am suppose to be in regards to training. Given access to medication and charting so late in my training truly placed me behind and was not able to take advantage of those days I was on the floor.

My contract or agreement states that I must remain with my unit for 12 months and another 12 months with the company. So my questions:

1. Can they report me to the nursing board if I do break my contract?

2. Will they take me to court if I do not repay them in full at once?

Also, one month in with this program, does that still make me a new grad? And can I still apply as a new grad?

Thanks for all the help and advice!

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    • Featured Replies

    • Admin

    If the contract states that you are to receive a set amount of training and it was not provided, then the facility may have breached the contract. You should speak with an attorney familiar with employment contracts.

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    • Author

    Thank you! Yes that is very true. Its so hard being in this whole new world.

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    • Experts

    Typically, employment contracts have nothing to do with the BON. However, the employer may choose to pursue legal remedies (attempt to take you to court, or, at least, sic their attorneys on you) if you breach the contract. As Rose notes, the employer may have violated the contract if they have not lived up to their specified obligations, in which case you would be off the hook. But feeling that you're not getting as much training as you need/would like is not the same as the employer failing to provide it, and, since it's their contract in the first place, and they wrote it, I doubt they've breached it (but, ya never know, things happen ...). If you're serious about leaving the employer and getting out of the contract, it would be smart to consult with an attorney about the contract first.

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    Agree with the need to obtain legal advice. There are a variety of consequences that could occur - from very little (employer decides to just let you go with a 'not eligible for rehire' status) to pursuing a claim for financial reimbursement. Even if they don't demand repayment, you may be surprised with a 1099 for the cost of the training program... which could have a significant impact on your income tax situation.

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    • Author

    Thank for the feedback y'all. I feel that management is not abiding by the contract and so happened that I am not the only one feeling this way in my program.

    I am not the type to jump from job to job but An opportunity came up with my dream hospital. Wouldn't I be still considered a new grad despite of the one month of being in this current program?

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    LOL they can't report you to the nursing board. It isn't an issue for the board.

    They also probably will not take you to court. These sorts of contracts are difficult to enforce -- it would cost their legal team time and money to file a lawsuit against you. These contracts are meant to intimidate people; they're all bark and no bite. Just resign.

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    Yes you can still be considered a new grad

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    • Author

    Thanks again for the input. Glad to know that Its not board related. Would hate to have a discipline under my license being so new in this nursing world. Lol

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    Did they give you a sign on bonus?

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    Thank for the feedback y'all. I feel that management is not abiding by the contract and so happened that I am not the only one feeling this way in my program.

    I am not the type to jump from job to job but An opportunity came up with my dream hospital. Wouldn't I be still considered a new grad despite of the one month of being in this current program?

    Depends. Many new grad programs mean NO experience. and even if you leave it off of the resume/application, they can find out easily by SSN. It varies by facility, so you will need to ask. I doubt that the current employer is breaking their contract as they wrote it, their version of things will be different than what your is. We see it here on AN all of the time, unfortunately. Be careful how you approach any of this. Nursing is a very small world, as many of us have found out on more than one occasion.
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    How would one use an SSN to find out whether you have experience, exactly? The IRS does not share your tax information, even with other government agencies.

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    • Admin
    How would one use an SSN to find out whether you have experience, exactly? The IRS does not share your tax information, even with other government agencies.

    Some employers will run a credit check. It will show employment history.

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