Published Dec 18, 2013
Nikitah016
1 Post
I recently started working for Nurse Finders a few months ago. A lot of my shifts were cancelled so I decided to apply to one of the facilities I have been working at though the agency because I knew they were hiring. I didn't realize this would be a big deal or even a problem until I read a forum on here that said I can be charged a penalty/ fee. I don't want to quit either position as I need both jobs but I don't want to risk employment either. Does anyone have experience with Nurse Finders and know of what their specific rules are?? I'm not sure what to do from here! The facility I started working for also has many other facilities in the area that the agency contracts through and I'm not sure if I am not allowed to work at any of these places now too?? Any info would be greatly appreciated!!
Meriwhen, ASN, BSN, MSN, RN
4 Articles; 7,907 Posts
The best source for the answer to your question is your specific agency office, because branches of the same parent agency may have local differences in their rules. Ask for a copy of the contract you signed with them, and go over it (with a lawyer's help if necessary).
You would not be breaking the law should you get hired by this facility and start working there. However, the agency could take you to court to enforce the terms of their employment agreement that you signed. Is that likely to happen? Who knows. It has happened. And this is the point where I tell you that should it happen to you, to seek legal advice as we can't give it here.
NedRN
1 Article; 5,782 Posts
I would bring it up with the hospital HR first. Generally do not compete clauses affect only the agency and the hospital. It has been held in virtually every state that contracts cannot stop ordinary employees from the freely changing employers. But the same cannot be said for business to business contracts - they can effectively stop you for 6 months to a year from going to work directly at a hospital you worked for through an agency.
The reason is just the old fashioned employment agency's finders fee. They "introduced" you to that hospital, saving the hospital the 20K it typically takes to find and hire a new RN employee on average. Generally the contractual fee is on the order of three months starting pay, but is typically negotiated down. Depends on how much the hospital wants you. Or there may not be a fee at all. On the travel side, probably 90 percent of agencies do have do not compete clauses. They don't have penalties against the traveler though, they just state they should be notified before taking a job for a competing agency or the facility. But if you ask the agency first, you will create unnecessary noise.
njrn09
3 Posts
If you got the hospital position congrats!! Make no mention to HR or agency of it however I don't think it is a good idea to work with agency for the same hospital you are employed. If you continue to work with agency at other facilities you should be fine.