Client Breaks Contract....Now What???

CardiacNP01 · Feb 16, 2008

This is just a guess.... Since the hospital has a contract with the agency, they would probably have to adhere to their agreement (to pay the full housing stipend, etc).... the agency may need throw some perks your way and/or maybe you can start your new job early?

elkpark · Feb 16, 2008

I'm sure that the original contract specifies their obligation to the agency, and any obligation they may have to you. They are not obligated to anything beyond what is spelled out in the contract.

suzanne4, RN · Feb 16, 2008

Your contract is with your agency, not with the hospital. Your agency is the one that has the contract with the facility, and what is in their contract may not be in yours.

Thru the years, have seen contracts cancelled for low census, no hospital ever wants to have to do it, but it does happen. They are giving you two weeks to find something else, and this is quite the norm. And have never seen them pay a fee to you for cancelling the contract.

If you broke your contract, the money owed would be that on the apt, and I suspect that the agency is having the facility still pay what is due on that. That is where the money that is owed is used to pay for. And they do not cover your expenses to return home if you get cancelled for something.

As a travel nurse, you are working to fill in holes that they have in their schedule, and at their convenience. If your agency has work in that area for you, you may wish to consider doing that rather than moving. At the end of this contract, just two weeks longer, and you would be moving anyhow, so not sure why you think that they need to pay you.

Things happen with contracts, even start dates get delayed at the last moment. This is expected in the world of travel nursing and you need to be able to role with whatever comes your way.

loricatus · Feb 17, 2008

On my second 13 week contract with Client Hospital, they are terminating my contract a month early due to "low census." Actually, they are terminating all travelers in the OB dept. early. I can easily find another job, but should there not be some kind of compensation for THEIR breaking the contract? I am expected to reschedule my plans that I made around a binding legal contract. Do they not have to pay for that inconvenience, as well as my possibly being out 1-2 weeks in transit and starting a new contract now instead of 4 weeks later as originally signed on the contract? I know I would have to pay big bucks if I were the one to break it. They gave us 2 weeks notice, and we get to work those 2 weeks. So is that sufficient, or should there be more severance pay?
I have never broken a contract, or had a client or company break mine. These are uncharted waters, and I am not being greedy, but there are surely precedents here. Any help would be greatly appreciated!!!

By any chance, are you at one of the Baylors? Same thing happened to me in November. I suggest signing up with local agencies (Nursefinders, Dynamic, Favorite for the DFW area) and lining up per diem/prn work now so you will have an income if your company does not find you another postion. My company left me high and dry after 2 weeks and I was stuck in Dallas, leaving a staff job to start traveling with them. After fighting with my travel company since early November, I finally received my pay for the 2 weeks I worked for them before I was cancelled & they even neglected to include the housing allowance I was supposed to get. The travel company looked at the cancellation this way-if we fight this we won't get more contracts in the future with any of the Baylor facilities; therefore, this one traveler is expendable.

As for 2 weeks notice, it sounds like an HCA facility because that is included in the contracts they have with their vendors (travel companies) along with it being at-will employment. If it is an HCA facility, then your company knew that there was no guarantee of working the full contract and did not advise you of this.

Good luck to you. PM me if you want to discuss this further.

suzanne4, RN · Feb 17, 2008

And as the above poster stated, your agency is the one that has the contract with the facility, not you. Your contract is only with the agency.

And hospitals can cancel contracts with an agency if that is in the contract that they have with the agency.

That is why you always have a back-up plan available to you, and money put away in case of an emergency like this. Things do happen or you get sick and have to take time off, the medical insurance also then is no longer in place unless you COBRA it, and the housing and eveything else get cancelled.

jlynn325 · Feb 22, 2008

Most contracts state that the facility as well as you can cancel your contract at any time, for any reason. It sucks to be cancelled, but even when its hard you have to try to remember everything happens for a reason. Maybe your next job will be even better and maybe you were meant to go somewhere else to touch some ones life. Best of luck! And keep your chin up!

kathol39 · Apr 24, 2008

Has anyone given a verbal ok for a travel job and then was unable to take the assignment. I never ever saw the contract but they are saying cancellation fee? I was never ever informed by my recruiter what a cancellation fee was ,for I was brand new to travel nursing. Thanks kathol39