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Guaranteed Hours

Posted

Specializes in Medical-Surgical- Psych. Has 2 years experience.

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jodyangel, RN

Specializes in L&D.

Well Obviously the staff is unable to pick up the extra hours and that's why they hired a travel nurse? Staff nurses at least get PTO and can still get paid their full salary...travel nurses get nothing?

jodyangel, RN

Specializes in L&D.

As I see it...since I did Not agree or sign Any contract that stated I could be put on call any amount of times that I'm not held to that contract. That's between the hospital and the company. My contract says I will work 36-40 hrs a week.

jodyangel, RN

Specializes in L&D.

So they (travel company) finally got back to me just now via voicemail. They said the contract says the hospital can cancel me twice a month. She said to let them know when I get the call offs and if it's more than the 2 they'll "take care of me"

Not sure what that means.

So my contract says nothing about this. I don't understand why there are two contracts and why I wasn't made Fully aware of this Before I signed my contract. And am I bound to this since I did not see this contract.

Who here know what sort of lawyer to contact about this?

What to do...

There are always two contracts. I'm not sure what you want a lawyer to tell you. From an agreement standpoint, you've agreed to do this assignment. Your agency has since modified your contract by telling you that they will not pay you for the first two call offs. As they are now in breach of the original contract, you are free to bail or continue under the modified terms.

jodyangel, RN

Specializes in L&D.

Exactly. I agreed to 36 hrs/week.

i have asked for this information in writing and have yet to see it.

I was first verbally told 2 times in the contract. Today I was told in voice mail that it's 2xa month.

Then if they call me out more than that the company will "help me out".

I want it in writing and im debating telling them I shouldn't be called off at All and if they do then the company can pay me for that shift.

jodyangel, RN

Specializes in L&D.

So...after Much pursuing...was told by my travel recruitor that the hospital can cancel me once a pay period...or once every two weeks. I still don't have this in writing. They said to let them know if I'm cancelled more than that, and they'll "take care of me" what? I got no answer as to what that means.

So I had a convo with the NM at the job and told her I could only be cancelled twice a month. She said Oh no! That isn't right.

Then she quoted North Carolina, South Carolina Hospital Association. I don't know what that has to do with anything.

So now I don't know what to do.

I feel I've been lied to.

And I can't afford to only work 5 shifts every two weeks instead of 6.

I have not said anything to the recruitor about my conversation ..

jodyangel, RN

Specializes in L&D.

When I chatted via text with the NM here, she mentioned that she checked with NCHA and SCHA and yes they said she was correct that it was once every pay period (every 2 weeks) that they could call me off. I was like...Who are they?

She then told me that "they are the people that the hospital contacts when they want or need a travelor. They have set up agreements with many of the travel agencies so hospitals can get consistent contracts. We only go through them..."

So again, I tell her it would of been nice to know and that I was Not upset with her but with my company who told me a pack of lies.

So now I'm worried. I decided to wait until I'm cancelled again to tell the travel agency that I've had this conversation with the NM.

jodyangel, RN

Specializes in L&D.

Yes I know I'm only bound by what I signed. I'm Not bound to the agreement between the hospital and the agency. I've asked a few other travelors and would like to know from anyone here..Does it state in your contract (the one you sign) how much they can cancel you??

jodyangel, RN

Specializes in L&D.

Ohhh and the icing on the cake? The NM said to me "gosh I hope I don't have to cancel the contract...cause I can't make my staff lose time and pto.."

Argo

Specializes in Peri-Op. Has 10 years experience.

This isn't a talk I would have with a nm. I would only have it with my company. They nm are not there for you at all. You are there for them. If you get paid when canceled it's between you and the company you work for.

My contract has 2 shifts or 24 hours that I can be canceled for over the 13 week contract.

icuRNmaggie, BSN, RN

Specializes in MICU, SICU, CICU. Has 24 years experience.

When I chatted via text with the NM here, she mentioned that she checked with NCHA and SCHA and yes they said she was correct that it was once every pay period (every 2 weeks) that they could call me off. I was like...Who are they?

She then told me that "they are the people that the hospital contacts when they want or need a travelor. They have set up agreements with many of the travel agencies so hospitals can get consistent contracts. We only go through them..."

So again, I tell her it would of been nice to know and that I was Not upset with her but with my company who told me a pack of lies.

So now I'm worried. I decided to wait until I'm cancelled again to tell the travel agency that I've had this conversation with the NM.

First of all. Jody, you can file a wage claim against your employer, the agency, if you are not paid for the 36 guaranteed hours. I would.

I am sorry that this has happened to you, I apologize for changing the topic. I have heard of wage fixing by State Hospital Associations in the mid Atlantic States and a recent settlement of a class action suit in AZ related to that practice.

Isn't it illegal for the Hospital Associations to put a cap on wages and regulate terms of employment for contract workers? I am curious about how all of this works. Thanks

jodyangel, RN

Specializes in L&D.

@Argo..so does it matter that they don't "cancel me" they put me on call. So I get paid $2/hr.

jodyangel, RN

Specializes in L&D.

"Isn't it illegal for the Hospital Associations to put a cap on wages and regulate terms of employment for contract workers? I am curious about how all of this works. Thanks"

I have to say, I honestly don't know what this means. Maybe someone else can pipe in?

The hospital is utilizing the hospital association as a vendor manager with a unified contract. That makes staffing the hospital agency agnostic and managers will probably not even know what agency you work for unless they sign a time card with the agency name on it. So the manager is absolutely right from her perspective, the hospital doesn't have to pay for some number of call offs. The agency should have known that, informed you before you signed, and mirrored the details on your contract. Since they didn't do that, contractually they must pay you per the contract you did agree on. If they don't, you can sue (keep lots of records and notes including your time cards just in case you decide later to take action).

A question for you, is your agency cutting your stipends along with not paying you full weekly hours, or penalizing you per your contract for missed hours? If so, I would be extra mad, possibly mad enough to sue if they don't remediate the situation.

I disagree about calling the state board of labor. No harm in trying, but I can tell you that they only enforce payment for hours worked (and in some states, minimum wage only, not historical pay). They are not going to enforce your contract for hours not worked. Only you can do that via the courts.

From a price fixing legal standpoint, that is not what is happening here. In Arizona, most members of the hospital association agreed to maximum bill rates. That is price fixing between unrelated businesses.

Here, the hospital association is acting as a vendor manager with a uniform contract specific to that facility. There is (probably) no agreement to standardize wages between different hospitals. If there was, your agency could tell you, and it would be a situation just like Arizona just waiting for a class action lawsuit to be filed.

Ideally, your agency should also tell you if there is a vendor manager between you and the agency. It changes things! It is not necessarily a bad thing and there are some advantages - there is a big (rather boring to most travelers I'm sure) article about vendor managers on PanTravelers and how to play it to your benefit. But your agency will not have a personal relationship with the hospital, HR, or your manager. That can be a drawback.

jodyangel, RN

Specializes in L&D.

Ok this all is a bit over my head but I will read and reread. I just worked my shifts and I'm done for this week so I have some time!

jodyangel, RN

Specializes in L&D.

So Ned....how do I know if the hospital is using a vender. Is this what the NM meant when she said the hospital hires all its travel nurses thru NCNA?

What does that mean for me? I have spoken with my recruitor and informed her that my contract says I will be paid 36hrs a week and I know I am not bound legally by a contract between the agency and the hospital. She said the boss said I would be paid.so we'll see what my paycheck says on Friday...

Sorry NCHA.

The National Cutting Horse Association? That's the first Google hit. You probably mean the North Carolina Hospital Association or more specifically their subsidiary NCHA Strategic Partners is likely the vendor manager here. So yes, the hospital is probably using a vendor manager. Easily confirmed by asking your manager, HR (or staffing), or your agency.

Whether they use a vendor manager or not is basically irrelevant to you. There are implications worth considering, but they are more useful before you sign a contract. I've mentioned several in previous posts in this discussion. If you want to read more in depth, PanTravelers has the only article available online about vendor management for travel nurses. But it is really in depth, rather arcane for the average traveler, and you have to be a paid member to read it (most articles there are accessible at a free membership level).

If the boss said he is going to pay you per contract, I would take him at his word and stop stressing! If you are filling out a written timecard, I would write clearly on it that you were called off for a shift (or portion there of). That will help your agency clearly differentiate between call offs, and personal time off such as illness (which is not guaranteed). That will also help you if you need legal assistance to resolve unpaid time owed. I keep copies of all my timecards and scan them into my laptop. These copies can be invaluable in other contexts too, such as workers comp or tax audits.