I need help Please. I need to find a california lawyer that understands travel nursin

jillhall · Sep 23, 2005

What is it you are exactly looking for? Are you trying to figure out travel deductions?

abusedtravelnurse · Sep 23, 2005

What is it you are exactly looking for? Are you trying to figure out travel deductions?

i did not send in a signed contract because it was not correct and the recruiter

said she would send a corrected one. i thought i had to start work because i had a verbal contract with travel com and with hospital. I asked for another recruiter because i felt she was less than honest but i never got one.

i have evidence that the original contract was not correct in part because i have evidence they refunded me money.

the hospital eventially terminated me because of issues i brought up on an internal web site about improper staffing ratios , meal periods and rest break issues. the travel company tried to rush me into another assignment with the offer "i will try to get them to waive housing charges" when i explained i did not trust them to support me in the future. they had promised a clinician would be able to help me 24x7 yet the night of the shift when i needed

the travel company to help me as I was given an unsafe patient assignment over staffing ratios no one got back to me as they had a new answering service. i was terminated at the end of that shift . i was owed wages for missed cailf rest periods and penalties for delayed meal breaks. they want me to pay housing charges and have threatened me with collections so i have started paying . i felt they should waive the housing charges because they were not avail as they promised and they gave me incorrect info for weekswhen i asked how to put down missed rest breaks. :) .

jillhall · Sep 24, 2005

hi, i hope you can see how i responded to your post. i basically just responded to things as you wrote them. i'm hoping the color menu works, since i tried to color code your comments and my comments. :)

i did not send in a signed contract because it was not correct and the recruiter

said she would send a corrected one. in hindsight, that contract has to be signed. that is the only legal recourse you have if corporate lawyers get picky. i thought i had to start work because i had a verbal contract with travel com and with hospital. that demonstrates you have good integrity to show up based on a verbal contract. i wish we lived in the days where a handshake had meaning. :angryfire however, in a profession that is as regulated as nursing is, we all need to be very careful to protect ourselves. i would think that perhaps the hospital itself could potentially be exposed if they knew there was no signed, sealed and delivered contract. the contract with the travel agency states that certain things have to be done before a nurse is allowed to work. i asked for another recruiter because i felt she was less than honest but i never got one. demanding a new recruiter is a good thing was a good step and an act in faith that you could work through the problem, but it seems like the agency did not respond according to their promise. (most recruiter i would think would jump through hoops to save the relationship since that is how they make money themselves)

i have evidence that the original contract was not correct in part because i have evidence they refunded me money. that would definately be something only a lawyer could help you with.

the hospital eventually terminated me because of issues i brought up on an internal web site about improper staffing ratios , meal periods and rest break issues. how did they find out that you turned to the net? this is a little bit advice that i could give you. the advice might be up in the night. but hear i go. as a traveler and as a perdium agency nurse for years, i feel that when i enter a facility i am like a guest. i feel that my behavior should reflect that. of course if a feel a real concern about a staffing issue, safety or whatever, my best bet is to work with the facility first. they are right there and can see the circumstance first hand. but, being a free agent like we are, we need to remember that flexibility is an absolute key. probably all of us in our nursing career has had some type of assignment where we feel we got the shaft or something is unsafe. my first recourse if i really felt my assignment was unsafe would be to talk to the nurse in charge. many times that can solve a lot. they may be able to rearrange assignments, or they may give you access to a nurse that has lighter assignments. many times that is a problem that can be solved without going any further. as far as lunch breaks, i have learned that over time, i will get my adequate lunch. sure there are times when i have been without a lunch. and even then, some of those times, if i would have requested extra help, most likely i would have been able to get my break in. nurses by nature are flexible and it is amazing what good tact, willingness to solve the problem will do. if some of those issues can't be fixed, then of course you have to move on because you can't day after day compromise your standards of care. it is best to not dog on the facility until the issues are solved or not solved. then, if there is concern that would help others nurses out there decide whether or not it is a place they should want to go, you can make some valid statements as to your concerns for the facility. i think first, it is important to see what we can solve on our own. remember, our recruiters aren't nurses. however, they are supposed to be there to guide us to who the "nursing" resource should be.the travel company tried to rush me into another assignment with the offer "i will try to get them to waive housing charges" when i explained i did not trust them to support me in the future. i actually have questions myself with issues to housing charges. when a company hires you out to a hospital, it is always a risk, but i feel they should assume that risk. the fact that they gave you housing on an unsigned contract is a confusing issued. i see pro's and con's to both.[had promised a clinician would be able to help me 24x7 yet the night of the shift when i neededthe travel company to help me as i was given an unsafe patient assignment over staffing ratios no one got back to me as they had a new answering service. when i have yucky situations like that, i try to say to myself, how could i have done this different. i was terminated at the end of that shift. by the way, i do have feeling for you on this issue because i was fired on day two of an assignment. it was different issues though. i can share that with you another time if you think it would help. i was owed wages for missed california rest periods and penalties for delayed meal breaks. they want me to pay housing charges and have threatened me with collections so i have started paying. i felt they should waive the housing charges because they were not avail as they promised and they gave me incorrect info for weeks when i asked how to put down missed rest breaks you didn't sign a contract stating that you would pick up the pieced of an apartment if you were fired. some of the newer contracts have that on them. before signing something like that in the future, take another look. of coure, you didn't have a contract.

the kind of lawyer i believe you need is a corporate lawyer. you can get references in the area where you live. this must have been such a frustrating experience. most of all, quickly find out if there is anything legally you can do. if you can't, just write it off on income taxes as a bad business deal and move on as fast as you can. when you become settled in another assignment you will forget and that bitter taste will leave.

since my bad experience, i have had wonderful assignments and have developed wonderful relationships with many nurses. every facility i have worked with, i have done many outside activities with staff nurses and we still keep in touch. there is hope at the end of the rainbow. i always ask on the interview, is your staff traveler friendly? if they say no, or hum ha around....you can ask if travelers get fair assignments,...are they first to float.....do nurses repeat their assignment with them.... things like that.

maybe all i have said here won't help at all, but. i do feel your frustration. i've been there.

to sum it all up.....crappy things happen. you may have legal recourse. you need to figure out whether it is personally cost effect to hire a lawyer, or to hurry and move on. it has been a couple of years and i'm still fighting with a travel company for pay. but, i am also realistic that my emotional time is worth something. good luck, keep me posted and i'm willing to share my haunting story with you if you like.

Havin' A Party!, ASN, RN · Sep 24, 2005

Good analysis, Jill!

suzanne4, RN · Sep 24, 2005

You need to take into account what the actual cost of the attorney is going to be to you. No one is going to take a case for free.

jillhall · Sep 24, 2005

thanks. always nice to get a pack on the pack.

i was going to add one thing more. go to the site on allnurses where you can rate your agency and the facility. the more people who rate both will give all of us better statistics as to what companies to go with and which hospitals to interview with..

keep us posted. there are lots of things for all of us to learn from this scenerio. :coollook:

:balloons:

suzanne4, RN · Sep 24, 2005

Major one, you do not start a position without it being in a written contract.

It is common knowledge that you are responsible for the rent on the apt if you do not finish the contract because you were terminated by the facility.

If you use the computer at work to discuss things that you do not like at the facility, it will bite you on the butt.

jillhall · Sep 24, 2005

:confused: i don't believe it is all such common knowledge to have it written in the agreement that you are responsible for apartment rent if you get fired. i have only seen two contracts that make reference to that.

first of all, the circumstances of a nurse being fired have to be taken into consideration. some thing may happen that is really beyond the responsibility of the nurse. i questioned one company about that and they said that they consider it on an individual basis. that is why now; i make an addendum to the contract that if this happens, it be discussed and negotiated as to apartment fees and responsibility. i do this to protect me. i don't know what kind of fluke out there is going to happen. nothing is cut and dry, and i won't sign it.

the incident that i spoke about in the earlier post, i didn't pay any apartment penalties. but that is another discussion in itself.

:) i agree suzanne that it is important to act professionally about how you engage in conversation or net posts when talking about a hospital. if we want to be treated like professionals, we certainly need to act like professional.

i am just grateful that i have had great experiences on the road. :yeah: :yeah:

suzanne4, RN · Sep 24, 2005

Sure, anything in a contract can be amended but it needs to be done before the contract is signed and commences. The agency normally has paid the three months rent for you, etc. And they want to recoup what they paid out. If there are legal grounds for the termination, then the nurse will be responsible. Unfortunately, bad mouthing the facility on their site is grounds for it..............

Same thing with the contract for the international nurses, if they get cancelled by the facility, they are responsible for the immigration fees.

The most important thing, you should not leave your residence to begin your travel assignment until you have a correct contract in hand, and in writing. This is where the first error occurred. Everything must be in writing, a verbal contract will not suffice as it is not a legally binding contract if made just between you and your recruiter.

jillhall · Sep 24, 2005

suzanne, you are so right. :wink2: the huge red flag on this issue is no signed contract. i was attempting to address the orginal post with a little feeling in it for what she went through. however, i was clear that we need to act professionally. i'm beginning to laugh....you and i are spending more time with this issue than the issuer.

i have enjoyed reading your different posts to this issue as well as to other issues. :nurse:

abusedtravelnurse · Dec 4, 2005

Dear Jill,

Thank you for your well thought out response. After speaking with several lawyers who also happen to be my friends. I went through with my complaint with the state and I reached a settllement . I am now willing to try travelling again and I will not start my untill I have a contract that details our agreement.

Their lawyer also waived housing payment before settlement.