Contract Issue

morte, LPN, LVN · Apr 23, 2011

Generally, not unless the hospital violated the conditions written into the contract. AFAIK, verbal assurances aren't usually considered legally binding.

perhaps not, but it would give a lawyer something to work with.....and goes to the point of GETTING IT IN WRITING!

CompleteUnknown · Apr 23, 2011

Generally, not unless the hospital violated the conditions written into the contract. AFAIK, verbal assurances aren't usually considered legally binding.

I have no experience with contracts like this (thank heavens!), but this is an interesting point. Should not the terms and conditions specify how and when the employee is to pay the amount to the hospital if he or she breaks the contract, and whether or not there is any change to the amount needing to be paid depending on length of service?

The OP indicates that the need to sign a contract was not mentioned at interview, but rather that it was presented to her at a later time when filling out new employee paperwork. Of course, this doesn't mean she shouldn't have taken it home and read it from top to bottom before deciding whether or not to sign, but all the same, it seems shady at best.

nursedolphin · Apr 24, 2011

Thanks everyone. I reread the contract and it did not state the unit. So I guess I am stuck. That was a great suggestion to take the contract home and read it. I wish I would of done that.

MarkonCRT · Apr 24, 2011

i don't know about that -- i wouldn't sign a contract like that myself, but rns are, pretty much by definition :), independent adults and presumably capable of making their own choices and decisions about employment, contracts, etc. would you suggest that a car dealership would be out of line to offer to sell the op a car with a financing contract, or that it would be unethical for someone to sell the op a house (with a mortgage) because s/he "most likely has limited contract experience"? what about student loans? those are contracts, and, presumably, most students taking out student loans have "limited contract experience," so, is it immoral or unethical to offer student loans?
many aspects of modern, adult life involve entering into contracts. imo, it's up to the individual to decide what her/his "comfort level" is with this kind of situation, and, if the op isn't already clear on how this sort of thing works, it's time to figure it out. however, having made the decision to sign the contract in the first place, the op is now bound by the conditions of the contract s/he chose to sign.

i think that in your examples there is a reasonable expectation of entering into a contractual agreement for tangible assets secured through the contract. hr presenting a contract to the employee at the time of the offer seems somewhat underhanded to put it mildly. if there was a set practice and the expectation of such a contract in all hiring practices, we would have legal review of the contract before signing.

are contracts a part of life? sure, but pulling one out in a "by the way" fashion after a job offer to a prospective employee isn't. that being said, she did enter into this contract and is fully bound by the terms. i just think this is another example of how inexperienced nurses are manipulated. what are your thoughts on the verbal promises that were not forthcoming? i gues the used care salesman and the mortgage broker could lie to me also, just hopeing that as a profession, these things wouldn't occur.:)

bagladyrn, RN · Apr 24, 2011

Thanks everyone. I reread the contract and it did not state the unit. So I guess I am stuck. That was a great suggestion to take the contract home and read it. I wish I would of done that.

You've had a hard lesson learned, but it will benefit you in the future. I'll bet that you will never again sign a contract without reading and understanding it completely.

In spite of how it seems now, a year (or 15 mos.) really isn't forever and at the end of that time you will have more confidence and skills and will be able to present yourself in the job market as an "experienced" nurse.

By the way, I do know whereof I speak - many years ago I signed and fulfilled an agreement to work for 3 years on a locked admission unit at a state psych hospital in exchange for LPN school. I then used those "payback" years to get my RN while working nights.