Is it possible to get out of a signed contract if a nurse doesn't like her job.

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Has anyone got away from a signed work contract then I need help.

But don't expect to walk away Scot-free. Your contract spelled out the consequences of early termination, most likely financial penalties and non-compete clauses, which mean that you may not be able to work for anyone else in your area for a specified period of time.

"Non-compete" clauses are difficult to enforce and are primarily designed as a method of intimidation. Simply don't disclose that you've signed a non-compete clause to the next employer. Duh!

The best way out of an employment contract is to know the extent that the employer is willing to go to enforce it. If you know how debt collectors operate, you would be able to see a parallel to this.

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Specializes in ER/Tele, Med-Surg, Faculty, Urgent Care.
"Non-compete" clauses are difficult to enforce and are primarily designed as a method of intimidation. Simply don't disclose that you've signed a non-compete clause to the next employer. .

It may depend on the state you live in. Locally non-competes are enforced. There was an ophthalmologist who had to move to another town for 2 years, then returned and opened a competing practice on the other side of town. I have turned down contracts because of no compete clauses. I know one NP who had accepted a new position, had started it, then the former employer threatened to enforce the non-compete clause if he did not return to finish out his contract. Not sure what not disclosing to the next employer has to do with anything, as it is the previous employer who can choose to enforce it. One of the contracts I turned down said 50 mile radius, 2 years after leaving and if I violated, would have to pay $50,000. They are the biggest practice in town with about 25 providers and employ a few lawyers, so yeah they would enforce it, they are the ones that made my friend go back.

If it is a small practice they may not bother and probably cut their losses just to be rid of you. But if it is a bigger hospital that has lawyer on staff or retains a lawyer, they might enforce the terms of the contract.

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Read your contract very well. I signed a 2 year contract with a hospital and was able to leave said contract. Within the contract it stated that repayment of broken contract was under CNO discretion. I had to leave due to my disabled vet husband needing to be closer to his home state and treatment there. After review I was able to break the contract with no penalty.

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Yes, it's possible. A contract requires each side to live up to its commitment. Is the employer providing what they promised?

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Specializes in Critical Care, Med-Surg.

Do you have a copy of the contract? Read it. See if it addresses the issue, it might be right there in front of you.

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It may depend on the state you live in. Locally non-competes are enforced. There was an ophthalmologist who had to move to another town for 2 years, then returned and opened a competing practice on the other side of town. I have turned down contracts because of no compete clauses. I know one NP who had accepted a new position, had started it, then the former employer threatened to enforce the non-compete clause if he did not return to finish out his contract. Not sure what not disclosing to the next employer has to do with anything, as it is the previous employer who can choose to enforce it. One of the contracts I turned down said 50 mile radius, 2 years after leaving and if I violated, would have to pay $50,000. They are the biggest practice in town with about 25 providers and employ a few lawyers, so yeah they would enforce it, they are the ones that made my friend go back.

If it is a small practice they may not bother and probably cut their losses just to be rid of you. But if it is a bigger hospital that has lawyer on staff or retains a lawyer, they might enforce the terms of the contract.

For your example using an ophthalmologist, that is an example using a competing business entity. For the purposes of this thread, non-compete is referring to a nurse as an employee. Unless you told your former employer that you are moving to another job locally, the former employer wouldn't know where you've gone. There are ways that a former employer could figure out where you're working, but if you say the right words (I am moving to another city, I am taking time off of work to go back for my masters) then there is a good chance that the former employer wouldn't lift a finger to figure out whether or not you've told the truth.

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Specializes in OB.
For your example using an ophthalmologist, that is an example using a competing business entity. For the purposes of this thread, non-compete is referring to a nurse as an employee. Unless you told your former employer that you are moving to another job locally, the former employer wouldn't know where you've gone. There are ways that a former employer could figure out where you're working, but if you say the right words (I am moving to another city, I am taking time off of work to go back for my masters) then there is a good chance that the former employer wouldn't lift a finger to figure out whether or not you've told the truth.

That works until your new place calls your previous employer to confirm employment/check references. Then the previous employer tell them "not eligible for rehire" and that you broke a contract. Not going to impress potential employer and if they tell them that there is a noncompete agreement that will be the kiss of death. You'd have to be someone very rare and valuable for an employer to want to deal with that.

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That works until your new place calls your previous employer to confirm employment/check references. Then the previous employer tell them "not eligible for rehire" and that you broke a contract. Not going to impress potential employer and if they tell them that there is a noncompete agreement that will be the kiss of death. You'd have to be someone very rare and valuable for an employer to want to deal with that.

Because you would obviously use your previous employer as a reference when you are clearly trying to navigate around a non-compete clause.

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Specializes in OB.

Can't hide it from even a cursory background check and if it's the person's only relevant experience it will come out.

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Can't hide it from even a cursory background check and if it's the person's only relevant experience it will come out.

Those are two of the bad situations that could arise. Not consenting to them contacting the past employer is the best play to make if you suspect this.

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It's going to cost a lot of money in penalties and fees.

FYI

From what I have seen even if you loose in court and someone gets a judgement against you, there is really now way for them to force you to pay.

I am in Texas and I know this for sure.

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Specializes in Critical Care.
It is highly unlikely that an employer will attempt to compel you to work out the remainder of your contract, as a disgruntled, non-committed employee is a recipe for disaster.

But don't expect to walk away Scot-free. Your contract spelled out the consequences of early termination, most likely financial penalties and non-compete clauses, which mean that you may not be able to work for anyone else in your area for a specified period of time.

Employers invest a boatload of money to recruit, hire and train new nurses, up to tens of thousands of dollars. If you choose not to "pay back" that investment as a productive employee, they have reason to insist that you pay it back in some other way. Unless you can prove that they have not fulfilled their end of the agreement, be prepared to pay up. And know that your lack of commitment will cause them to hesitate about hiring the next person who needs a job.

This is a can of worms. You can break the contract, but will be forced to pay whatever penalties were agreed to beforehand. I don't think floor RN's are subject to non-compete clauses, usually just repaying a bonus that was given to you for signing the contract.

Personally I don't believe a company should be able to place a non compete clause on a worker, but thanks to our useless govt in bed with big business it is just business as usual! But non compete clauses are usually reserved for the top paid management, tech gurus and Doctors. If anyone has heard of non compete clauses for bedside nursing I'd like to know. Besides isn't the whole at will work laws supposed to leave the worker free to leave at anytime, even though it is meant so management can fire workers at any time, any reason or no reason?

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