Help from experienced agency nurses...

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I have bee working with my agency off and on for 2 years only on a Per diem basis. I have never signed a contract with them for any specific facility. Currently I am working for a organization on a per diem basis and they are looking for full time employees in which I would like to apply for. Do I have any legal obligation to my agency? Do they have any rights to me being hired under the other organization? Please help, because the organization told me they are interested in me however the agency is trying to get at least 26 weeks out of them and that just doesn't seem fair to me since I'm only per diem.

Any advise on how to overcome this would be helpful. The other organization is wonderful to work with and my agency is making it very difficult for them to decide to hire me, because they are asking for too much money.

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Look at the copy of the paper you signed with the agency. It probably says (at the bottom I tiny print), that you may not work for any individual/agency for 6 months to one year after leaving the agency or you will be sued by the agency. Do not take what I have looked into for gospel! I asked a few agencies what their rules of departure were...

I also have heard that the agencies have a weak statement to enforce but I would urge you to ask a contract lawyer.

Good luck...I am also curious!

Mic

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Specializes in Psych ICU, addictions.

I agree, read your paperwork. Mine states that I can't apply to work for any facility that I've worked at as an agency nurse for at least one year after my last visit there, or I have to pay a certain percentage of the salary that I'd get to the agency as a penalty.

From what I've heard, a lot of agencies won't bother to fight you on it, as it's hard for it to hold up in court (something about preventing you from earning your livelihood). However, I'm not a lawyer, so consult with one for the most accurate response.

Best of luck whatever you decide!

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Have an attorney evaluate your agency agreement.

You may be misinterpreting the the 26 weeks time frame.

I was in the same situation and the agreement actually was.. I needed to work for the AGENCY for 26 weeks, before they would release me.

If the agency is actually requiring 26 weeks salary from the facility.. run don't walk.

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