grounds for breaking contract?

[jenna_rn]

I am on my first travelling assignment. I must say that my recruiter and the company have been great. Generally a very positive experience...The issue is that I signed a "day/night 12 shift "contract and the hospital has scheduled me for all nights for the entire contract. I have spoken to the manager and her opinion is that the greatest need in on nights and according to her the hospitals contract with the travel company stated " nights as needed". I expressly told the manager duringthe interview I was not willing to do all night shift. Do I have ground to break this contract? Opinions or suggestions are appreciated thanks.

[flg8tr]

legally i don't know, but if you told the manager at the beginning that you would not do straight nights, then i would not fault you for breaking the contract. what does your agency say about the matter?

[suzanne4, RN]

You signed a contract that said that they could give you nights, it was not specific as to the number of nights that you would be scheduled for during the contract, so the facility has the option of giving you all nights if they would want, or even all days.

Your contract is actually with the agency, and they have the contract with the facility; you are under contract with the agency and only them.

From what you have posted, you do not have the legal grounds to break the contract, meaning that the agency could charge you for the rent on your apt for the remainder of the contract, as well as not provide your travel home. When you work as a travel nurse, it is to fill in gaps in a facility schedule, not the other way around.

If it is not written in the contract that you will only rotate to nights no more than a specific number of nights during the contract, then it does not exist and the facility can do as they please. And as the manager told you, their contract is with your agency, not you.

Sorry if I sound hard about this, but this is actually how things are done. And if not in writing, then it does not exist. Recruiters cannot make any promises to you as they do not have the authority, and needs of a facility are always changing.

[elkpark]

What Suzanne said ... :)

[TinyNurse, RN]

I agree with Suzanne and Elkpark.

Get EVERYTHING in writing. You will learn from this assignment, and your next one will be better.

[CardiacNP01]

And they mean EVERYTHING.... phone interviews are useless with regard to promises. Remember, if it's worth discussing, it's worth getting it in writing.

[suzanne4, RN]

Remember again, your contract is what is in writing from your agency, you do not have a contract with the facility; you are working for the agency. You are actually under contract to the agency, and them alone. You are a contract employee at the facility and not subject to anything that they provide for their employees, they are free to offer it for you, but it is not a requirement.

And anything that the facility offers to you or tells you that you will not have to do, must be in writing with the agency that is placing you there. Anything not in writing does not exist.