Can I cancel an Extension Contract

[k.green17]

Hi,

I am currently a travel nurse, and on a whim decisions applied for a permanent float pool position at the hospital I'm currently working in. Not hearing anything back from my application, I asked to extend my position as a traveler. The next day, I get a call with an interview for the float pool position. I already sent out an extension offer and it is approved, but would love to work in float pool as permanent staff! How do I get out of my extension??

[NedRN]

There are several things to consider here. First, why? In either case you will be working the same job effectively here. Likely you will make more net pay from the agency if you are getting tax free stipends because you are working away from a legitimate tax home. You are also giving up guaranteed pay and shifts for pot luck as per diem.

That is all personal. There is a bigger issue here, and that is well over 90% of travel contracts have a so called do not compete clause. Often this is not reflected in your contract, but still affects you as it appears in the agency to hospital contract. This prohibits you from going on staff without the agency receiving compensation for releasing you - up to half a year compensation (usually lowered after negotiation). The usual waiting period is 6 months (a year is not uncommon) after you end your contracted period to when you are allowed to freely work at the hospital as staff or for another agency.

The person agreeing to hire you may not have been aware of this possibility. If you are super lucky, the contracts stipulating rules don't have such a clause. But chances are that this rule is in place, and when the hospital finds out, they probably are not going to hire you. Unless you are really a high value employee which seems unlikely for a float pool.

Additionally, your own contract will have penalty clauses. A "good" contract will specify the exact penalty in terms of missed shifts, but many just say the agency can recover all costs associated with the time left, including lost profits. Seldom are lawsuits filed, but unfortunately there are other ways of making your life difficult with our laws, including using a collection agency (without a legal judgement) and ruining your credit.

If you really want to pursue this, start by talking this through with the hospital HR. Ask them what the facility contract has in it - they should be willing to let you read it. Bring in a copy of your own contract and ask them what your options are - sometimes the facility will have significant leverage with the agency, for example if they are a high needs facility using a number of your agency's travelers.

After that, you are left with trying to get released from the agency on your own. Talk to the agency. You can spin it by saying you will be back to travel and don't want to burn your bridges.