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

Nurses General Nursing

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

Specializes in ER/Tele, Med-Surg, Faculty, Urgent Care.
Because you would obviously use your previous employer as a reference when you are clearly trying to navigate around a non-compete clause.

They can still call your previous employer as you would have to list where you worked before under previous employment on the application. I work at an urgent care clinic, we just had a request to verify employment for a new grad RN. The request is posted on the bulletin board because the owners do not remember her, no one knows who she is but owners did not want to send it back until he confirmed that she never worked there. The only possibility is if she did clinical there for one semester.

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.

It is pretty easy to google people/find on the internet. Heck I've googled people, found their Facebook page and Walla, I can see where they work if they posted that. I have googled doctors & nurse practitioners and found their NPI number. I recently googled a new hire and got her complete resume! So previous employer can find you if they want to. And since many have lawyers, they may decide to pursue legal action.

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.

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?

Agree, I have not heard of hospital nurses being subjected to no compete clauses, but if money is part of breaking the contract, they may force this part of the contract. As for "at will employment" it is meant to protect the employer but depending on the wording, it may mean that either party can terminate the contract with written notice of a specified time period such as "30 day written notice".

Either way, breaking a contract may have some consequences even years from now if listed as not eligible for rehire. Since many hospitals are owned by corporations that buy & sell facilities, you might be not eligible for many facilities.

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?

In absence of a contract, yes. But when 2 parties sign to specific conditions, the contract takes precedence.

I've also known of employees suing successfully for wrongful termination when a corporation doesn't follow their policies as stated in their employee handbooks. If that handbook details a process for termination, they must follow that, at will or no. So the at will is not absolute.

As for non compete, yeah, not really believing that's an issue with bedside nurses. I have a friend (in another industry) in TEXAS who violated her non compete. She was found out, was sued, and had to pay. It absolutely was enforced.

Specializes in CCU, SICU, CVSICU, Precepting & Teaching.
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.

I don't think "Taking time off of work to go back for my masters" is a solid reason to break an employment contract, either. Work out your contract, then go back to school.

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.

And a lot of potential employers will just drop you from consideration if you refuse consent to contact the previous employer.

I would never hire anyone who refused to give me references.

Specializes in Pharmaceutical Research, Operating Room.

I got out of my hospital contract, but my obligation for breaking it was a fee of $1500. I gladly paid it.

Specializes in Psychiatry, Community, Nurse Manager, hospice.

Slavery and indentured servitude are still illegal despite the many rumors to the contrary on allnurses.com. :banghead:

You don't need a lawyer unless they actually try to collect the fee from you, whatever that is. If that happens let me know, I will look out the window because pigs will also be flying.

Specializes in Critical Care.
Slavery and indentured servitude are still illegal despite the many rumors to the contrary on allnurses.com. :banghead:

You don't need a lawyer unless they actually try to collect the fee from you, whatever that is. If that happens let me know, I will look out the window because pigs will also be flying.

I've worked places with new grad contracts and they certainly do pursue those fees and aggressively at that. Hospitals already have active systems for dealing with people who owe them money so it's no hassle for them to add someone who left their contract early to that list. I worked at one place where a new grad left one year into a two-year contract, the contracted fee for breaking the contract was $35,000. They fought the fee as being excessive and ended up owing the full $35k plus another $10k in lawyer and court fees.

Specializes in OB.

For all those who advocate "just walking away" and think there will be no consequences, what is your understanding of the purpose of a contract?

Slavery and indentured servitude are still illegal despite the many rumors to the contrary on allnurses.com. :banghead:

You don't need a lawyer unless they actually try to collect the fee from you, whatever that is. If that happens let me know, I will look out the window because pigs will also be flying.

It's not "slavery" or "indentured servitude" -- it's a contract into which the individual voluntarily entered. If people do so without determining the details of the conditions to which they are agreeing, that's on them.

Specializes in OR, Nursing Professional Development.
Slavery and indentured servitude are still illegal despite the many rumors to the contrary on allnurses.com. :banghead:

You don't need a lawyer unless they actually try to collect the fee from you, whatever that is. If that happens let me know, I will look out the window because pigs will also be flying.

Slave: a person who is the legal property of another and is forced to obey them.

Bit of hyperbole there, not?

People enter into contracts willingly, because they can benefit from it but also with repercussions for not holding up their end of the contract. Nothing illegal about that. It's just sometimes irresponsibility on the part of the person signing the contract because they didn't read what they signed. Ignorance of a contract item doesn't equate being free of it, just like ignorance of the law isn't an excuse to break it.

And pigs must be flying, because there are many people who have had to repay money for breaking an employment contract as a nurse.

Slavery and indentured servitude are still illegal despite the many rumors to the contrary on allnurses.com. :banghead:

Signing a contract agreeing to work a certain job for a certain length of time and for a certain salary is not remotely comparable to slavery and indentured servitude. That's such a ridiculous analogy.

People in all manner of professions sign contracts and are held to the terms. There's nothing special about a nurse contract.

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