Breaking contract and its consequences

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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!

Specializes in OR, Nursing Professional Development.
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.

Did they give you a sign on bonus?

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.

No they did not give me a sign on bonus.

So does that mean I wont qualify as a new grad if I do decide to leave the hosp im currently at and purse another hosp new grad program?

Have you talked to your manager about the lack of training and the fact that you are uncomfortable? I would start there and start a paper trail. It doesn't have to be a hostile conversation but you do owe it to yourself and to your employer to let them know that you are having trouble.

If you do that and there is still no change, then I think it is reasonable for you to schedule an appointment with HR and let them know what is going on. Yes, you signed a contract as a new grad ( which I personally find to be a mistake for any new grad to make a 2 year commitment for their first job).

But sometimes contracts can be changed. In light of the fact that your manager isn't giving you the training that you need in order to be a success, you could ask for a transfer to a unit that is better able to meet your needs. You could ask to terminate the contract, offer to pay back whatever is "owed" on a prorated basis, and state that you hope there are no hard feelings but that you don't feel that the organization is able to hold their end of the contract.

While it isn't in the hospital's interests to release you from the contract during a time of short staffing, it is in their longer term interests if you are going to leave as soon as the contract expires. They are losing the opportunity to put in a nurse who genuinely wants to work for the hospital for a longer term. If you want to press the issue, you should point that out. Unfortunately though, some hospitals only see a warm body filling a position and will use that warm body for as long as possible.

And finally, if you have a union at your hospital, you could ask your unit representative to intervene. In most cases, all nurses are working under a contract with the union, whether they formally belong to the union or not. It is your union's responsibility to represent you as a nurse.

Yes, they could put you on their "do not hire" list. That is their right and you will have to respect it. If you do choose to walk, you are accountable for your decision.

Specializes in Complex pedi to LTC/SA & now a manager.
No they did not give me a sign on bonus.

So does that mean I wont qualify as a new grad if I do decide to leave the hosp im currently at and purse another hosp new grad program?

It depends. You are not eligible if the requirement is no paid nursing experience or no hospital experience . But if a program defines a new grad as less than 6 months paid nursing experience or less than 12 months.

You should consult with an attorney experienced in contract or employment law to make an informed choice based on the terms of the contract you signed and the laws in your state

Have you talked to your manager about the lack of training and the fact that you are uncomfortable? I would start there and start a paper trail. It doesn't have to be a hostile conversation but you do owe it to yourself and to your employer to let them know that you are having trouble.

If you do that and there is still no change, then I think it is reasonable for you to schedule an appointment with HR and let them know what is going on. Yes, you signed a contract as a new grad ( which I personally find to be a mistake for any new grad to make a 2 year commitment for their first job).

But sometimes contracts can be changed. In light of the fact that your manager isn't giving you the training that you need in order to be a success, you could ask for a transfer to a unit that is better able to meet your needs. You could ask to terminate the contract, offer to pay back whatever is "owed" on a prorated basis, and state that you hope there are no hard feelings but that you don't feel that the organization is able to hold their end of the contract.

While it isn't in the hospital's interests to release you from the contract during a time of short staffing, it is in their longer term interests if you are going to leave as soon as the contract expires. They are losing the opportunity to put in a nurse who genuinely wants to work for the hospital for a longer term. If you want to press the issue, you should point that out. Unfortunately though, some hospitals only see a warm body filling a position and will use that warm body for as long as possible.

And finally, if you have a union at your hospital, you could ask your unit representative to intervene. In most cases, all nurses are working under a contract with the union, whether they formally belong to the union or not. It is your union's responsibility to represent you as a nurse.

Yes, they could put you on their "do not hire" list. That is their right and you will have to respect it. If you do choose to walk, you are accountable for your decision.

Yes I would understand why I would be placed on their "DNR" (Do Not Rehire) list. I did bring this up and I do see the changes thats taking place to help me succeed in their program. However, it is too early to be sure because who knows what can happen in the next weeks or so.

I am in 50/50 situation because of that opportunity with my dream hospital that I know and will provide me a one of a kind experience and they do pay more ($8 difference) and boy does that add up. I did read on their new grad qualifications "You must not have worked under your RN license since graduation". So does this mean I do not qualify being that i'm currently in another hospital's new grad program even if I have only been orienting for 4 weeks?

Man..this is so hard...

Thanks for all your feedback and advice.

Specializes in Dialysis.
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.

NurseSys uses SSN, license # and other info, and does give report of employers.

Specializes in Dialysis.

So does that mean I wont qualify as a new grad if I do decide to leave the hosp im currently at and purse another hosp new grad program?

It depends on the new employer's definition of new grad. Only they can answer that

Specializes in Dialysis.
I did read on their new grad qualifications "You must not have worked under your RN license since graduation". So does this mean I do not qualify being that i'm currently in another hospital's new grad program even if I have only been orienting for 4 weeks?

Unfortunately, you are working under your own license, which disqualifies you by this definition

Specializes in Complex pedi to LTC/SA & now a manager.
Yes I would understand why I would be placed on their "DNR" (Do Not Rehire) list. I did bring this up and I do see the changes thats taking place to help me succeed in their program. However, it is too early to be sure because who knows what can happen in the next weeks or so.

I am in 50/50 situation because of that opportunity with my dream hospital that I know and will provide me a one of a kind experience and they do pay more ($8 difference) and boy does that add up. I did read on their new grad qualifications "You must not have worked under your RN license since graduation". So does this mean I do not qualify being that i'm currently in another hospital's new grad program even if I have only been orienting for 4 weeks?

Man..this is so hard...

Thanks for all your feedback and advice.

You are being paid as a nurse even if in orientation. You are no longer eligible for your "dream job"

I see. Thanks again everyone! Appreciate all the feedback and advices.

How much do you have to pay back? The hospitals in my town range from 5-25K to break the contract. I don't know anyone that has broken the 25K contract, but have known several that have broke the 5K. The hospital called and asked for payment, the former employee declined and that was it.

I'm sure some hospital systems do move forward to collect, but not all do.

If you are getting paid 8/hour more, that's about 14K extra a year. You could probably arrange to make payments if they try and collect.

How much do you have to pay back? The hospitals in my town range from 5-25K to break the contract. I don't know anyone that has broken the 25K contract, but have known several that have broke the 5K. The hospital called and asked for payment, the former employee declined and that was it.

I'm sure some hospital systems do move forward to collect, but not all do.

If you are getting paid 8/hour more, that's about 14K extra a year. You could probably arrange to make payments if they try and collect.

I believe the program is about 8k and they do prorate. I was told that a former employee who broke the contract ended up paying 2k. So yes if I do end up leaving then I will work something out with the company so I am able to pay them what I owe.

I think Im more worried about the new grad program with the new hospital being that Im already working under my lic as what most stated here that I no longer qualify on that end.

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