Can this contract possibly be legal? - page 3

First a few background facts: I just finished my second week working in a private physician's office as a staff nurse. It is an office based surgery center and has recently added another RN and... Read More

  1. by   nicuRN2007
    Well, I was going to say that you should just refuse to sign the contract since no mention of this was made prior to your being hired; so, therefore, how could you be fired for it? But I asked my husband who is in his last year of law school about it, and he said, of course, he would need to know all the facts, but it sounds like an employment-at-will situation, whereby you can be terminated for just about anything. So basically, I guess it is legal. But I wouldn't sign it. I would leave.
  2. by   charebec65
    Quote from imustbecrazy
    run don't walk away from here.

    1. you have posted about having to sign a highly suspect contract.
    2. you have posted about narcotics discrepancies and poor recordkeeping.

    too many red flags for me.
    :yeahthat: never, never, never sign any contract or anything else with blanks. once the blanks are filled in, make sure what is written is initialled by all parties or representatives to the contract.
  3. by   IMustBeCrazy
    Quote from multicollinarity
    If the employer has less than 15 employees - there are no ADA rights at all. So she's not waiving that. You can't waive those rights if you are covered under the law anyway. The contract is just making it clear that she isn't covered.
    Understood. But I would still consider it 'waiving' since adding up to and exceeding 15 employees is not that difficult a target to hit. And yes, I know you can't waive a federal law. But it has that feel to it.
    Last edit by IMustBeCrazy on Sep 16, '06
  4. by   Little Panda RN
    If it were me, I would be looking for another job. This place does not sound like it is on the up and up. I once interviewed to work for a physician who advertised the practice as an allergy clinic. I found out that chelation therapy is what it was all about. During the interview I was told that I would be starting IV's on patients and infusing a soluble form of vitamins, I was a medical assistant at the time (they did know that I was a medical assistant, that is what they advertised for). I was also told that we did not have to worry about inspections from OSHA because they never get inspected. I was offered the job, but did not accept, this placed scared the living h*** out of me. I stayed as far away as possible. Wasnt long after that the place was out of business.
  5. by   Vagon
    He's trying to kill you. Flee!
  6. by   firstaiddave907
    Quote from gonzo1
    If there is any way you can have a lawyer check this out I would. It would be worth the cost of an hour with a lawyer if you ask me. Checking with your new boss first to see if wrong contract was given would be safe to do, I would think.
    i agree with you
  7. by   firstaiddave907
    i would not sign it until a lawyer looks at it or if you feel uncomfortable with it maby you should look for a new job.
  8. by   Otessa
    i would RUN as fast as I could!!!

    I would also have a lawyer look at it IF I wanted to stay........
  9. by   HeartsOpenWide
    and then they have you done in so they can collect on your life insurance policy?!?! GET OUT NOW!
  10. by   BernieRN
    Quote from HeartsOpenWide
    and then they have you done in so they can collect on your life insurance policy?!?! GET OUT NOW!
    That was my first thought too! I was also thinking you could put your wage at maybe $75.00 an hour! But then that would be another reason to have you done in.
    If in doubt, leave it out is my they said...RUN! I wouldn't even bother with taking it to a lawyer and paying fees for what is obviously a b-a-d place to work!
  11. by   paigeRN1962
    Absolutely, there are red flags all the way around and although I want to quit, I am a single mother with 3 mouths to feed and cannot leave without finding a new job first. It took me almost 3 months to get this job due to blacklisting by a former nurse manager. I have over 2 decades of experience and it shouldn't have been so hard to find a job....but that is another story.
    This doctor's office I have written about has another physician who recently came on board and under the circumstances he will probably not be staying unless there are some changes made. I am going to ask him for a letter of recommendation.
    There are so many concerns... the whole place scares me....the bottom line is that the pre-existing nurse is not happy at all to have 2 new nurses hired who expect protocol to be followed and accountability. She has already stirred up so much drama that after my co-worker and I compared notes, we figured out that she was trying to coerce each of us into resigning by pitting us against the other, lying and defaming the doctors behind their backs. Both doctors are now aware that she is poisoning the practice and one of them wants her gone----am not sure about the other. They both are concerned about the toxic environment and how it may affect patients and other employees. I was told I was hired to raise the standards of the office to a professional level along with the other RN who was hired with me. If we're not going to be allowed to do this, I am out of there.
    I am going to see an attorney and tell the office manager (who has been there only 3 months herself) that I will sign the contract after I get legal advice (am buying myself some time to find another job). I also plan to record any meetings between myself and management in case things get ugly before I leave.
    Regarding the ADA, counting the 2 doctors, we do have 10 employees and there are plans to hire more nurses by the end of the year so asking me to sign away my rights does leave me with a bad taste in my mouth. I don't think an employment agreement which violates federal law is enforceable but I think the immediate and bigger issue is the lack of narcotic counts, discrepancies and absence of standing orders or any kind of orders. Medical assistants are making medical and nursing judgments/decisions without getting the MD's verbal OK. Blank signed prescription pads are used daily for the doc's convenience for scheduled drugs and antibiotics. Am I just naive or is this kind of thing typical in a doctor's office that does outpatient surgery? For someone who seems paranoid enough to want me to sign an agreement with a non-compete clause, confidentiality agreement, life insurance agreement,etc.....he seems pretty cavalier about letting his medical assistant make medical and nursing decisions which could land him in court or worse. He is a young (in practice only 3 years) hot-shot plastic surgeon who has a big head and a growing practice and thinks he is smarter than the rest of us and his patients and isn't going to get sued. All patients must sign a contract agreeing to binding arbitration if they sue for malpractice or he doesn't take them on as patients. I've heard several surgeons I've worked with in the OR talk about this being the way medicine is going----weed out potential "problem patients" by making them sign contracts like this.
    Anyone else seeing this trend?
  12. by   IMustBeCrazy
    I'd look into travel nursing (local contract) as a stop gap until you find something else. There are short term solutions. Good luck!
  13. by   txspadequeenRN
    I dont remember having to sign a contract ever to work anywhere. I would shred that junk and go see the person that put it on your desk.