Discrepancies between job and contract? I was lied to!

[SoontoBNP]

I am speaking to a lawyer soon, but wanted to see if anyone had similar experience and had any advice.

I went to an interview for an inpatient new grad NP position that offered great pay and benefits through an agency. I was told it was for four 8 hour days (32 hours a week) and no on call. I signed a very simple contract before graduating that stated I needed to give a 90 day notice if I wanted to leave. It stated four 8 hour days only, 32 hours total weekly, my salary, and a start date of last month. It said if I break the contract I may be responsible for damages, but no specific amount is listed.

My employment was held up for a month due to credentialing. As a new grad I was promised to have a mentor available for guidance. I was very specific about needing this to start work. After signing the contract, I had to pester multiple people to get just 3 orientation days, and after getting 3 days of only shadowing, I was told the position does involve on call (36 hours a week). I was also told there is no way out of this. Also was told by 2 different NP's that this job is not an 8 hour job. They work an average of 10-12 hours per day 3x a week. They both had several years experience and said they didn't understand how the job could be advertised as 8 hours when they were not changing any duties for me whatsoever. The amount of patients and daily duties will be exactly the same as other NP's who are working 10 hour days. I am just coming in an additional day every week.

The next bombshell was finding out that I am expected to work all holidays including ones that are NOT on my normal working days, in addition to my normal days per week (working 6 days on a holiday week), and I am being offered 5x less of a bonus to work holidays such as Christmas than the current employees, including one other new graduate employed with the exact same agency. Um, excuse me, no.

In addition, I am working alone on weekends and would have no one there to provide guidance after the first weekend of work!!! As a new grad, this is the most alarming issue. My mentoring physician is difficult to reach and there is no scheduled mentoring time whatsoever.

I emailed my agency asking for help with this, and the person who I signed the contract with basically told me it's out of his hands and I need to talk to the medical director. He refused to put anything additional in writing.

I am no longer interested in starting this position. I am being stonewalled by the employment agency, and not getting responses I need from the hospital, they basically are telling me to "prioritize" and "Changes are coming". They are calling me directly and not responding to emails so I have nothing in writing. I have scheduled the next available appointment with a lawyer, but it's not until next week. They are pushing me to start working ASAP, before I can consult with a lawyer.

Any advice? Feeling extremely naive, beating myself up for believing something that seemed too good to be true, and as someone who has put up with crap jobs before- I am not going to start off like this as a new graduate. No way. What is the smartest way to get out of this nightmare?

[FolksBtrippin, BSN, RN]

Send a letter declining the job offer. If they try to sue you for "damages" then get a lawyer. Right now, I don't know why you would need one. You don't have to work for them.

[Spadeforce]

what is all in the contract? all of the "they said" should have been in writing (if it is not)

If what is expected of you is in the contract and they are not sticking to it just do what the above said. Make sure to send the letter stating why you are declining (non up holding of contract)

[SoontoBNP]

Thank you both for taking the time to read about my situation and respond!

Contract was very minimal- it states 8 hours of work per day four times weekly and the salary. It just states nurse practitioner duties on the unit, no actual description of duties. Everything else was discussed verbally or via email. I feel like a complete idiot for signing the contract- I've learned a valuable lesson. I was very naive to think I wouldn't be bait and switched.

From what I've read online, if there isn't an exact amount or explanation for termination fees, they don't really have an ability to sue me unless there were sign-on bonuses or something along those lines. I am hoping the lawyer confirms this.

[Oldmahubbard]

I am not sure how any NP job can guarantee the work day will only be 8 hours. Live and learn, hopefully you'll find something better.

[Neats, BSN]

I have completed many contract with licensed prescribing staff and attempt to make the contract as clear yet vague as possible to allow for wriggle room (not to "stick it to the employee"). If you contract specifically states it is an 8 hour a day work week and not 32 hours weekly those are two different things. You can hold them to only really what is spelled out in your contract. You could end up working 10 hour days for 3 days and come back for an additional 2 hours on the 4th day.

It is simple what is in your contract. If it states NO CALL then I would stick by that and say no call. They will let you go more than likely and if they do I would ask for severance pay because now you have a loss of income (in writing), then I would contact an attorney. I would not hire an attorney until they actually violate this contract, then I would hightail it over there while looking for a new job. If it is true what you say then you would have a bases for damages (loss of income) I would not leave but continue to not take call only if I am certain it is written in the contract and signed.

Contracts are not difficult people make them difficult. Anything you do in the future I would carefully look the contract over and discuss what you thought it will be verses what is in the contract. If you do not understand ask them to clarify this via email or in writing so you have it for your records.

[SoontoBNP]

Oh yes, that makes sense. I definitely don't expect to only work 8 hours a day at any job. In clinicals I had to stay late at times, but never for 2-4 hours on a daily basis. My main issue was the other nurses are only scheduled 3x per week, and that is considered full time work because the hours are 10-12 each day. They assigned me the same job 4x a week, promised I was only scheduled for 8 hours a day, knowing I would have to work closer to 12 hours daily, and lied to me, telling me they were going to change the conditions that would reflect the correct amount of hours and never did. We get our assignments upon report and have to finish consulting, making changes, coordinating care, and charting for the same number of patients before we can leave. It's not like an outpatient job where we have set appointments. Basically they made it impossible for me to be able to work in the amount of hours they claimed.

[cayenne06, MSN, CNM]

New clinicians need to be supported so they can excel at their job (and, you know, not accidentally harm a patient). It speaks *volumes* that they sent you out on your own so quickly. Huge red flag for a ziliion different reasons.

I am not sure how any NP job can guarantee the work day will only be 8 hours. Live and learn, hopefully you'll find something better.

Mine does. 830-430. Last patient booked at 320. I've gotten out late maybe half a dozen times over the past 3 years. One time we got out 30 minutes late and our boss brought in donuts the next day haha.

We average about 40 patients a day between the two clinicians- not all of them are table visits, but its still a LOT. However, each of us has 2 dedicated MAs, and we have a nurse to give meds, help manage pt follow up, etc.

Of course, sometimes I come in early or leave late *by choice,* but thats a different story. That's because I love my job.

I really believe everyone deserves to get paid commensurately to the amount of hours they are working. If everyone is habitually working 10 hours a day, salaries should be adjusted to reflect that, or something needs to change to get everyone out on time. More support staff, revamped charting, re-evaluating workflows, etc etc.

[Jules A, MSN]

New clinicians need to be supported so they can excel at their job (and, you know, not accidentally harm a patient). It speaks *volumes* that they sent you out on your own so quickly. Huge red flag for a ziliion different reasons. .

I would prefer the schools, who happily take so much of our money, put out a product that is able to function with some competence and without an extended orientation upon graduation like physicians do. And before anyone adds it yup that might require a residency and while I have worked with green Docs in July that is nothing compared to NPs who don't even know where to begin and yet are licensed. That we now expect employers to provide extensive training, both on the RN and APRN level is embarrassing and what a windfall for universities.