Contract Problems...Experienced Travelers PLEASE help!!

IndigoCarmine · Nov 23, 2011

It sounds like you've got three different problems, here:

1. they offered you a weekend option. Hospitals that offer "Weekend Option" do so to make sure their weekends are guaranteed covered. It usually means you work TWO 12h shifts a week - either F & S night or S & Su dayshift, period. As a full-time job it means more cash but decreased benefits and very little vacation time but hey, you already have five days off, right? As a traveller it means you do this for the entire length of your contract. You told them you didn't want that, so they offered you a 36h contract. THREE shifts a week. And now you have them. Problem is, they aren't the shifts you want. :uhoh3:

2- Many hospitals require working every other weekend from all their staff and travelers and agency nurses. Nothing weird, there, but seriously annoying if you work 36h a week. Seems they've got you working every weekend. Technically, yes, this IS very obnoxious BUT they haven't actually done anything wrong. Are they taking advantage of you? Absolutely. Do travel nurses get taken advantage of by their sites? Yes. But travel nurses are brought in to fill in the scheduling gaps. Where are the biggest gaps often found? Weekends. Problem is, they're punishing you for not taking their original offer. They clearly needed someone to work weekends, attempted to make it appealing with the Weekend Option, and are just making you work weekends 36h a week instead of 24. It's really mean. :mad:

3. You want to renegotiate a contract already in progress. This is sort of like wanting your long locks back after you didn't like the haircut. Once the contact is signed, unless something truly egregious happens, you're stuck. I think it was a good call (and more than fair) of you to try and trade Christmas weekend off for 12 weeks of weekend enslavement. I'm sorry they didn't go for it, but sadly Travelers are meant for coverage and a unit's allegiance will always be to give house staff time off. Just know that in the future you can certainly request specific days off in a travel contract. Once signed, they HAVE to give you those days off no matter what, the same way you've been cornered into working Christmas by not asking for it off in advance. Also, it's just dumb luck that this year Christmas is a weekend. But believe me, if it wasn't, they'd have stuck you on it anyway. THEN they would have gone back to scheduling you every weekend, because they can and that's where they need you. :confused:

If it's really, really killing you can break the contract and risk financial retribution from your company but I do not suggest this: that's A LOT of money to pay back. Honestly I think the best thing to do it just ride it out, have an awesome holiday with your family starting December 26th and wow that unit with your confidence and flexibility and ease. It will pay off. You do have to prove yourself to get rewarded. They don't know how awesome you are! So show 'em and maybe they'll lay off you for a bit and give you a better schedule.

Travel nursing requires flexibility, thick skin, patience and the ability to withstand being low man on the totem pole in exchange for more money and an easy getaway. I'm not saying it's good that it does, I'm just saying that it does. Don't let this sour you on travel nursing. It's an awesome way to broaden your skills and meet cool people and not worry so much about unit politics. Use this as a learning experience. You will negotiate a better contract next time.

Go show those folks how great you are! :yeah:

Conqueror+, BSN, RN · Nov 25, 2011

What I read is that there were two positions available. A regular 36 hour a week contract and an every weekend contract that pays $7 more per hour. They booked you for the standard and now basically want to work you on the other WITHOUT paying you the additional $7 per hour. If that is true that sucks. If you decide to break contract you had better have documentation INCLUDING an official copy of the schedule and your contract that states E/O weekend. They cannot get you for breech but they will most likely not use you again. For future reference always deal with the agency and not the facility staff beyond basic scheduling. Hang in there and celebrate your little ones birthday during your off hours that day :)

Been there,done that, ASN, RN · Nov 25, 2011

What does YOUR signed contract say?

Nobody, not the hospital ...or the agency can change THAT.

They are trying to baffle you with BS.

Stay firm, get what you signed or document, document, document the reason your are NOT fulfilling the contract.

AppleRN4 · Nov 28, 2011

As a traveler, I've learned that it's ok for the hospital/agency to break their contract with you, but not you with them. I've met a few travel nurses who came for orientation and had contracts canceled because the mgmt wouldn't work with the time off stated in the contract that was already signed by both parties!!!

As a traveler, you're expected to be flexible, you have been so far. If I were in your situation and money wasn't an issue, I would break my contract and find a hospital & agency that's willing to honor my contract. And if they're not willing to, then your agency should increase your pay as was previously discussed for weekends.

caroladybelle, BSN, RN · Nov 28, 2011

Ive seen 100's of contracts and never seen one that listed specific days off or even scheduling for the matter. That would be a stupid for a company/hospital to agree to something like that...
What happens when there is a scheduling emergency and your augmented staff says " Sorry, my contract says I dont have to work"? That pretty much defeats the purpose of having a traveler, right?

I have had dozens of contracts, and have had several of them where I specified certain dates off that were written into the contract. After a verbal "promise" and occasional misrepresentation by managers or recruiters that were nixed on arrival to the assignment, I have those issues written into my contract, and have had absolutely no trouble finding contracts, and compliance.

What happens if there is a sudden "staffing" emergency/issue - the exact same thing if there was not a traveler/agency nurse available - staffers/management rearrange their schedules, floats within the hospital cover, etc. Travelers frequently get the short end of the stick, first float, screwy schedules, every person on a holiday shift being agency/traveler with few/no regular staff present (unsafe, anyone?), strike assignments misrepresented as a regular contract, with the regular pay.

Sometimes we have to write it in our contract to cover ourselves, and I personally have no problem deepsixing an assignment if the company/facility refuses to honor the contract.

With an ethical and responsible company and client, it

79Tango · Nov 28, 2011

Specifying a contract to have certain dates off (birthdays, weddings, family) is not exactly what we talking about..

Conqueror+, BSN, RN · Nov 29, 2011

Funny how disagreeing with someone suddenly makes your post irrelevant in their eyes. In any event I too have specified days off in a contract (moms Bday etc) and it has never been a problem. It certainly isn't stupid to outline expectations in writing. That is the purpose of a contract, to ensure that everyone knows what to expect up front. The facility and agency do hold most of the chips though.

ukjenn231 · Dec 1, 2011

At my first travel assignment, I was scheduled every Fri-Sat-Sun because a weekend person quit. It never crossed my mind that this was a contract issue. I thought I had to work whenever the company wanted. Anyways, I embraced it because I decided it was nice to have the same schedule every week and have consecutive days off. I go into an assignment expecting the worst.

jimbr1 · Dec 8, 2011

I feel lucky that I haven't had contract problems in this regard, although on my last assignment, the manager scheduled me for 8 hour shifts for one week ( when I was scheduled for 12 hour shifts- and made no attempt to discuss it with me!)

I think a good rule of thumb is to review your schedule when presented to you, at the beginning of your contract. If it does not adhere to the terms of your contract and you specifically are unwiling to change hours according to their schedule, let both the scheduler and/or manager know that there is a scheduling conflict and talk to your recruiter immediately! The recruiter should back you up and negotiate with the facility on your behalf. If you start working hours that are not acceptable to you and do not continue at the facility, you risk losing paycheck(s) rightfully earned at the facility. The agency has a legal obligation to uphold their agreement with you- remember, you are employed by the agency. The agency wants to keep their personnel at the facility for the contracted period for purposes of reputation, repeat business, and income from YOUR work. You should remain flexible, but within YOUR reasonable limits...Happy Travels!

NedRN · Dec 8, 2011

While I agree in general that travelers exist to help solve staffing problems and flexibility is part of the job description, it is also true that we have a contract and most staff employees do not. This contract can be enforced, and often does specify actual shifts and days. When that happens, it is the employees that must be shuffled about to meet changing hospital needs, not the travelers. And I've often seen just that, employees sent home sometimes mandating use of PTO, and sometimes not, and the travelers staying. This is actually one of the largest sources of hostility towards travelers.

It is rational enough, we are the ones forgoing benefits, sick time, and PTO. We also lose employee flexibility, we can't take contracted days off without significant penalties.

That's just my opinion of course and means little when it comes to this specific contract. However, also in my opinion, these circumstances amount to fraud, even if not specified in the traveler contract. The traveler was offered weekend only for an extra $7 an hour. She declined, took the non-weekend contract, and was still scheduled exclusively for weekends. If there was miscommunication between the agency and the hospital, too bad, so sad. The fact remains that this traveler is out around $3,500 for the contract, and that should be an easy win in small claims court. A lawyer may be able to recover more in a higher court for other damages.

I would finish the contract, work weekends, and then try to settle with the agency. Seems like a clear case of fraud.

79Tango · Dec 8, 2011

I have just never heard of anyone making an extra $7/hr for working weekends or weekends only.

Conqueror+, BSN, RN · Dec 8, 2011

Me either. I have gotten an extra $5 but not $7. That is a lot but who knows...