Contract negotiation

[jks_05]

I'm a little over halfway through with my first assignment, and I am starting to look into my second. I was wondering how you go about negotiating contracts? I don't want to seem too pushy at first since I am still new, but I also want to make sure I am getting what is best for me. I have seen other people say that they would never accept a contract that is "at-will employment", they automatically request time and a half/double time for overtime, etc.

I guess I just don't know what is and isn't acceptable with contracts. I didn't know that you could have a contract that wasn't "at-will". There's obvious things like guaranteed hours & housing/pay rates, but what else should I make sure is included? Is it feasible to ask for stuff like a certain number of call in days without having to pay back the company? Or for certain stipulations if the dreaded should happen and the contract gets cancelled?

And when do you negotiate this stuff? Like I interviewed and then was asked by my recruiter if I wanted to verbally accept the offer. I did and THEN she sent the contract to look over. Should I have said "Not until I can check out the contract?"

Still trying to figure this all out! Thanks!

[NedRN]

There is an article on PanTravelers entitled "How to negotiate a travel contract." Does that fit with your query, however slightly? Check it out. Seriously, there is the right time and place for everything related to negotiation. Sometimes before, and sometimes after submission and interview. Absolutely you should confirm strong interest to both the hospital and agency but state final acceptance is pending contract review and making sure everything mentioned with the recruiter and hospital is specifically laid out. But you have little power in a negotiation if you don't have a Plan B, and a Plan C - good possibilities or offers from other agencies.

Some agencies give you some grace in the fulfilling the number of contracted hours, or the possibility of making them up, or are willing to do so if you ask. Unless you have a health issue, or are often ill, it is a rare issue to come up. It would be low on my personal list. Missed hour penalties should be much lower if you are getting a housing stipend - this seriously shifts risk from a failed assignment from the agency to the traveler.

I think at-will is a deal killer, and all you have to think about is how could that possibly be compatible with guaranteed hours? (Hint, it is not compatible). But my own dark secret is that I did knowingly take a contract I really wanted in the Virgin Islands with such language. Actually, the agency agreed to modify the contract but when I received it, I saw that at-will language was imbedded throughout the contract and it would have to be completely tossed (agency lawyers really overdid it to protect the agency from anything that might happen). So I said forget it, knowing that most contracts, regardless of language, complete successfully. So I took my chances. Such stuff only matters when the worst happens, and the agency is so stressed out that they act like *******s. But then good contracts really do matter. Such is life, you do have to weight the risks and benefits from every move you make.

You don't have to make your second assignment fabulous in every detail, down to contract language and the overtime rate. You will learn as you go. Some of this kind of stuff is really only for experienced travelers who are on a long term career and want to maximize bankable income and minimize risks, especially agency hoppers. If you are trying to minimize hassles by sticking with one agency, that is also workable as a career move, with the right agency. Don't lay down ultimatums but just ask for a bit more with each assignment, you will find that they give you more. Trust is built up over many assignments, and they learn your true value and profit making potential, and should give you better assignments and more pay. Loyalty and trust goes both ways if you represent the agency brand well on assignments.

Knowledge about how the industry works makes a big difference on how you exploit it and negotiate different contracts. Vendor managers or other third parties between your agency and the hospital, common bill rate structures (which you seldom see as a traveler), mastering overtime laws in California, labor and contract law, and taxation of travelers and agencies can all make a difference: knowledge is power. It comes with time, or you can jump start your knowledge base on sites like PanTravelers and TravelTax.

But there is no real rush as nothing is mastered in a few months, and to some extent every situation is unique and your strategy may be different with every new assignment.