I just started working at a HH agency and actually really love it. The only thing I found to be really weird is this week the administrator, who was out most of last week when I started so just had me fill out new hire paperwork this week - had me hand write on a paper the words to a (clearly) made up “contract” basically stating I won’t slander the agency name, speak against them on social media etc, which I was fine with, I remain professional in that regard. The part I DIDN’T like was the part about committing to the company for 2 years or I will be “fined” $10,000-100,000 for leaving early. Oh, and I’m to give a 1 month notice if I leave, or can be “fined”. I clearly remember signing actual legit paperwork stating that this is an at will employer. Not to mention the “90 day” probationary period. The “contract” also included rqnsom weird bits like swearing not to tell ANYONE, including the “law” about the “secrets” of the company. There was other weird stuff in there too. He literally has me hand write what he was reciting. No legit document. I don’t plan on leaving this company any time soon, however, I don’t like the idea of being fined an insane amount if I chose to leave before 2 years. I honestly don’t think this thing he had me write up (which I basically scribbled and was hardly legible Bc he was freaking reciting parapgraphs to me) would hold up in court or actually be legit. But it’s really fishy that he would even try to push it.
also, this company is owned by a former non US citizen, and there are definitely cultural/slight language barriers. I just wonder if he realizes that here in America, we don’t just make up hand written documents without lawyers consulted and specific wording and clauses typed up to make it legit. Half the stuff he was reciting wasn’t even proper English. He’s a nice guy, just seems fishy.
what do y’all think?
ever heard of this? Did I sign my life away for 2 years or do you think it’s truly a non-binding contract that has no actual legal value?
Trying to figure out why you would even agree to hand-write a “contract” and then sign it. I can’t imagine a situation in any career field where I would agree to that without running away.
Specializes in Pediatrics, Pediatric Float, PICU, NICU.
The “fines” would have been enough of a red flag for me to walk away, but then to say you are going to protect “secrets” from the “law”? Nope. No clue what possessed you to sign this, even if it isn’t enforceable.
I don't think I even would've made it to writing more than 1 paragraph w/ 5 sentences in it before my feet walked me out the door.
I'm a huge People's Court fan. The judge, Marilyn Milian, always told people something to the effect of, "I don't care if it's written with a crayon and toilet paper, it is binding if both people sign..." So there you go.
Certainly, if anything he told you is an illegal act by law, then you'll be in the clear because a court cannot enforce illegal acts. Again, thank you The People's Court!
I don't think I even would've made it to writing more than 1 paragraph w/ 5 sentences in it before my feet walked me out the door.
I'm a huge People's Court fan. The judge, Marilyn Milian, always told people something to the effect of, "I don't care if it's written with a crayon and toilet paper, it is binding if both people sign..." So there you go.
Certainly, if anything he told you is an illegal act by law, then you'll be in the clear because a court cannot enforce illegal acts. Again, thank you The People's Court!
I love when Judge Millian references a crayon TP during her cases. Usually at least once per episode. or 'Say it forget it, write it regret it' (I know 'reality shows aren't REAL reality, but still great common sense with lots of drama for entertainment) Okay, dork moment over...
I love when Judge Millian references a crayon TP during her cases. Usually at least once per episode. or 'Say it forget it, write it regret it' (I know 'reality shows aren't REAL reality, but still great common sense with lots of drama for entertainment) Okay, dork moment over...
^^^^^ That's probably the best piece of advice she gives anybody who comes at her w/ Facebook or cell phone text evidence: "Say it forget it, write it regret it" It's so true though! People really need to heed that one!
Love her though. Okay.....my dork moment is over too! lol
I think my brain doesn't work like that. Fishy people are looking to take advantage, and taking advantage isn't all that nice. Fishy people don't usually do just one fishy thing. I try to stay as far away as possible from fishy/not nice people. Pretty sure I wouldn't have been there to experience anything like this in the first place.
Specializes in Vents, Telemetry, Home Care, Home infusion.
I've worked for 4 Home Health agencies, including a startup -- none required 2 year agreement.
Red flags flying here:
1. the administrator, who was out most of last week when I started so just had me fill out new hire paperwork this week - had me hand write on a paper the words to a (clearly) made up “contract” basically stating I won’t slander the agency name, speak against them on social media etc, which I was fine with...
2. The part I DIDN’T like was the part about committing to the company for 2 years or I will be “fined” $10,000-100,000 for leaving early.
3.The “contract” also included rqnsom weird bits like swearing not to tell ANYONE, including the “law” about the “secrets” of the company. There was other weird stuff in there too.
5. This company is owned by a former non US citizen, and there are definitely cultural/slight language barriers.
Upon giving required one month notice and completing that 30 day work period, agency can not legally fine you for leaving agency.
What orientation have they provided you regarding home health state regulations, Medicare/Medicaid regulations including homebound status, completing OASIS admission/recert/readmission assessments, Medicare/Medicaid fraud and abuse, Stark law (anti-kickback), elder abuse + reporting to protective services, what constitutes skilled nursing care? Did you do a drive along with an agency nurse to get an understanding of agency requirements and patient care needs?
There are specific home health regulations requiring RN reporting of Medicare/Medicaid fraud to government --with agency administrator stating "not to tell anyone in the law company secrets", you are being setup to be fall guy for any fraud that may occur + not reported..
You really should check our other home health agencies in your area to compare employment requirements/orientation.
New home health agencies in Florida, Illinois, Michigan, and Texas will not be able to enroll in Medicare for another six months as CMS attempts to stop Medicare fraud.
3.The “contract” also included rqnsom weird bits like swearing not to tell ANYONE, including the “law” about the “secrets” of the company. There was other weird stuff in there too.
There are specific home health regulations requiring RN reporting of Medicare/Medicaid fraud to government --with agency administrator stating "not to tell anyone in the law company secrets", you are being setup to be fall guy for any fraud that may occur + not reported..
You really should check our other home health agencies in your area to compare employment requirements/orientation.
all of this! If you see fraud, report it. There is no contract that will give him leverage in this situation. If you are approached by a proper authority (state agency), you have an obligation to answer any questions asked. This sounds like a mess. RUN!!!!
This place sounds like a disaster waiting to happen. Something is terribly wrong here. You need to get out now, before you are swept into something that could ruin your career, license and life!
Fines up to 100k??? Yeah that wouldn't set right with me. I also wouldve told him I am not qualified nor comfortable drafting my own dictated employee contract, like seriously wouldn't that be his duty anyway?
Something tells me this contract may not be enforceable & likely shady stuff could be going on there if you are being asked to keep business *secrets* from law. Seriously what type of professional organization asks that? What about tax evasion, healthcare fraud or unsafe practices, willing to keep that secret? Nobody should tell you what youre allowed to tell law enforcement or a governing body in the event you ever had to or felt the need to speak with them.
The contract & potentially outrageous fine alone wouldve had me hitting the bricks.
I worked in a field prior to this where I watched staff involved with a business whom they worked in being charged and convicted of involvement with the fraud their employer was involved in. One stated they had no knowledge of it at all but because they unwittingly participated in it, they were found guilty of a lesser charge. Proceed with caution & dont keep illegal or reportable secrets for them whatever you do.
Horseshoe, BSN, RN
5,879 Posts
Totally agree.