Breaking Contract Question

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Specializes in interested in OB, NICU, psych, hospice.

Hypothetical scenario:

new grad, offered residency position, accepts. Signs contract stating that he/she will work for hospital for xx amount of time or pay $x amount.

new grad get's offered another job, dream job in fact. They pull out of the new grad residency BEFORE orientation begins. Do they still have to pay $x amount?

hopefully that makes sense :uhoh3:

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Specializes in Hospital - Internal Med, Onc.

Did you actually get paid the $ and cash the check? If not, I'd say no. You didn't start working for them, there was no exchange of $ so what's to pay back? Outside of the interview time, HR screening, and final offer, they didn't make a financial investment with you that would have started with your 1st day of residency program. You need to read the contract and talk w/ HR.

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Specializes in Med/Surg, Ortho, ASC.

Unfortunately, the answer to your question depends upon the terms of the contract that you (the hypothetical you) signed.

And we definitely cannot give legal advice.

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Specializes in Family Medicine, Outpatient Pediatrics, IBCLC.

Since they haven't put any time or resources into training you, I don't see why you would have to pay money. But it all depends on the details of your contract and whether or not they are flexible with the terms.

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Specializes in MCH,NICU,NNsy,Educ,Village Nursing.

New grad signed contract? New grad, by accepting another job, breaks contract. New grad should stick to the terms of the contract, unless new grad doesn't give a flip about integrity of name. New grad may need that hospital one day.....

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Specializes in interested in OB, NICU, psych, hospice.
New grad signed contract? New grad, by accepting another job, breaks contract. New grad should stick to the terms of the contract, unless new grad doesn't give a flip about integrity of name. New grad may need that hospital one day.....

Just to be clear, I haven't signed anything as of yet. Which is why this is hypothetical. And I very much do care about the integrity of my name and want to do what's right for me while still being honorable and respectful of the facility that I do not take the position with, which is why I am seeking advice. I have two different interviews at hospitals with new grad programs; I would prefer the second one, but realize that it is a great opportunity if the first offers me the position. The problem is the timing.

I know that this is about as far as the advice can go without actually being in my shoes- so thanks everyone for your responses!

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Specializes in interested in OB, NICU, psych, hospice.

Let me ask another question- Should I be honest with the employer that offered me a position and tell them that I need another week to decide? My fear is that they will retract their offer thinking I must not want it that badly...

I realize this is a great problem to have! And I very much appreciate any advice for my little dilemma. Thanks.

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Specializes in Med-Surg.

If the residency program has not started yet, and there is enought time before that starts, then requesting some time to think about will be ok. It is better than you start the program and drop it in the middle of the program. I think they will give you another week, If they don't then you have another offer in your hand :)

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Specializes in Critical Care.

If the program doesn't start right away, I'm sure they could give you a week. I'm sure they would rather give you the time to think about it now, instead of let you start and pull out half way in. Then they have lost money they invested in you, because they invest much more money in you then they ask for you to pay back, and you've also prevented another new grad from getting that job. Like most new grad residency programs, I'm sure the one you are offered a job with is very competative. Also, you would be shorting a unit of a new employee they were planning on having. Not only would it effect your name, but also prevent another new grad a much needed job, and leave a unit short staffed.

What kind of new grad program is it? ICU? What is this "dream job?" Are you sure the new grad program wouldn't be a better choice in the long run?

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Specializes in interested in OB, NICU, psych, hospice.

Thanks for the advice.

The other job is ALSO a new grad residency program, but in the field I'm interested in- maternal/neonatal health. The other one is med/surg. So it's between two new grad residencies, one in med/surg 45 minutes from my house, the other in OB (my passion) 5 minutes from my house. Without the timing issue, it's a no-brainer for me. I must say to clarify that I will NOT be pulling out after starting orientation, I would be pulling out about 2 weeks before the start date. I would not do that.

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Specializes in Peri-Op.

doing the one you want that is closer to home is the one that obviously makes sense, they wont really care or give you consideration when they want to fire you. Go where you will be happy

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Id wait and see if you get the offer first, and if you do, then Id try to hesitate on signing the contract. I wouldnt do anything that could jeaporize the job offer until you have the offer. It will prob take more than a week for them to get the paperwork together. Dont say anything until you have to, and make sure you have all your ***** in a row BEFORE you sign any contract. And do not sign any contract until you read it and fully understand everything.

edit not sure why it took out the word d u c k s

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