a. I accepted a once per week job doing PRN disability exams on Sunday's. I signed a contract as a 1099 worker that did not specify any damages for breech, but said I could be terminated if my exams were not up to industry standard. It takes up to six weeks to get paid.
b. My "main job" was to pay me a 10K bonus which they concluded I was not in fact eligible for and will not be paid. Since I was "counting" on this income until my PMHNP practice was built up I am forced into the position of finding "part time" work. Thus, I was offered a Psych RN position on Friday, Saturday, and Sunday at $57.00 per hour. This would more than "pay the basic bills" until my practice on Monday, Tuesday and Thursday filled up.
c. I wrote the "disability exam" place and stated that I would not be able to start next Sunday week for the above reason (I need to earn money to pay my bills I need cash flow). I literally only have money for one more month's rent. They said I didn't have "an emergency" I pointed out that not only was I going to go late on my credit cards (for the first time in over a decade), but that I literally faced being homeless if I did not generate cash flow.
d. They stated they would pay me 50% of the $110 per exam when the exams were performed (the rest later), but that they considered me under an "ethical/legal" obligation" to perform all shifts signed up for (through the end of May) unless they could find a replacement (these exams are located all around the state of Washington). Furthermore, they said since patients have been scheduled for these appointments that failure to perform the exam would result both in civil litigation (for damages without regard to what the contract says which does not specify damages) and direct action against my license. They said that "unlike being an RN your obligation starts when you agree to do the exam" since I pointed out that as an RN the obligation started once you had accepted report.
e. I said that while I disagreed with their perspective (specific performance to perform work is generally considered to be a 13th Amendment violation which is why you can force someone into a Chap Seven, but not a Chapter 13 bankruptcy, basically you would be requiring them to work to pay their debts and this had been found to be unconstitutional in most cases-child support being a noted exception). Still, I pointed out that I had moved from Florida to Washington and did not even have the resources for an attorney so I would "go along" as they don't seem to be giving me a choice. I re-read my contract and there is nothing about damages for non performance. But that doesn't mean they couldn't take action against me anyway or with the Washington State Board (especially since they are a contractor to do disability exams for the state of Washington).
f. What if someone became ill or their spouse or child suffered a situation or they found they just couldn't do the job? Would they face sanction against their NP licenses? If someone can be held on the hook for disability exams three months down the line it seems a bit like involuntary servitude. Part of me just wants to "shut up and take what's due me for a poor decision", but the other part finds it difficult to take. Still, there is a point that people are expecting to show up starting next Sunday and see someone for their disability exams.
