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

Jolie, BSN · Nov 8, 2015

The notion that a financial judgment is not enforceable is fantasy.

I no longer work in healthcare, but own a business in an unrelated field. Not a month goes by that we don't receive a court order to garnish someone's wages for any number of reasons, back child support and unpaid financial judgments most common.

Moral of the story, if you choose not to honor a contract, be prepared to pay the consequences. Running from job to job or city to city may temporarily delay the process, but won't prevent it.

JustBeachyNurse, LPN · Nov 8, 2015

The notion that a financial judgment is not enforceable is fantasy.
I no longer work in healthcare, but own a business in an unrelated field. Not a month goes by that we don't receive a court order to garnish someone's wages for any number of reasons, back child support and unpaid financial judgments most common.
Moral of the story, if you choose not to honor a contract, be prepared to pay the consequences. Running from job to job or city to city may temporarily delay the process, but won't prevent it.

the one who won the judgement must return to court to seek an order of enforcement. Many who don't bother responding to the initial court summons won't plan on paying. There are legal remedies to recoup the judgement and fees but it requires effort. Most large facilities that enforce contracts have the resources and staff to enforce a judgement lien.

PinayUSA · Nov 8, 2015

The notion that a financial judgment is not enforceable is fantasy.
I no longer work in healthcare, but own a business in an unrelated field. Not a month goes by that we don't receive a court order to garnish someone's wages for any number of reasons, back child support and unpaid financial judgments most common.

Financial Judgement vary state by state, In Texas you will win the case but getting the money will never happen. Child Support here is done by Att. general if it goes to garnishment

pookashellz · Nov 9, 2015

Perhaps no one has addressed the moral obligation to keep one's word because in this world of "Special Snowflakes, that's an outmoded concept. You are old fashioned. But then, so am I.

you're not necessarily old-fashioned; you're just forgetting about one very important factor. Is the employer /hospital keeping THEIR word? Maybe the OP "doesn't like her job" because they're not making good on what was agreed re: shifts/scheduling, staffing ratios, length and quality of training, etc.

Also $35k is RIDICULOUS. If you work at a place for a year and want out because the employer isn't holding up their end of the agreement, and have to pay an amount that equals your entire salary for the previous year which means you've literally worked for free for a year - if that's not illegal, it damn well should be.

Ruby Vee, BSN · Nov 9, 2015

you're not necessarily old-fashioned; you're just forgetting about one very important factor. Is the employer /hospital keeping THEIR word? Maybe the OP "doesn't like her job" because they're not making good on what was agreed re: shifts/scheduling, staffing ratios, length and quality of training, etc.
Also $35k is RIDICULOUS. If you work at a place for a year and want out because the employer isn't holding up their end of the agreement, and have to pay an amount that equals your entire salary for the previous year which means you've literally worked for free for a year - if that's not illegal, it damn well should be.

The OP didn't say the employer broke her contract in anyway. She said she didn't like her job.

pookashellz · Nov 9, 2015

The OP didn't say the employer broke her contract in anyway. She said she didn't like her job.

Sure. I'm saying in general (since we don't know the details of why the OP doesn't like her job - maybe it's her, maybe it's corrupt management/ substandard working environment). Employers should be held to the same standards and hold up their part of the contract, and we should question whether or not they have before assuming the worker is simply a malcontent. And also it should not be legal to require a worker's entire yearly salary to be "paid back" if they want to break a contract. One could argue that violates federal minimum wage laws - if a worker is paid $35k for a year's work, and then is required to pay it back in order to leave the employer, essentially the worker has been paid nothing for his/her work for the year.

Ruby Vee, BSN · Nov 9, 2015

Sure. I'm saying in general (since we don't know the details of why the OP doesn't like her job - maybe it's her, maybe it's corrupt management/ substandard working environment). Employers should be held to the same standards and hold up their part of the contract, and we should question whether or not they have before assuming the worker is simply a malcontent. And also it should not be legal to require a worker's entire yearly salary to be "paid back" if they want to break a contract. One could argue that violates federal minimum wage laws - if a worker is paid $35k for a year's work, and then is required to pay it back in order to leave the employer, essentially the worker has been paid nothing for his/her work for the year.

The OP said she wanted out of her contract because she didn't like her job. I'm assuming that she wants out of her contract because she didn't like her job. Nothing was said about the employer not holding up their part of the contract. I'm thinking the OP would have led with that had that been the case.

As far as a new grad paying back her annual salary if she breaks her contract -- if she's breaking it because she doesn't like her job (which is her stated reason for wanting to break the contract) and if she's signed a contract that requires her to pay back the annual salary if she leaves the job -- then I don't understand why that is so unconscionable. You sign the contract and you live up to it's provisions.

The reason new grads are being asked to sign contracts in the first place is that they take jobs, let the employer train them, and then leave within six months to a year after being off orientation. Sometimes even before getting off orientation or immediately afterward. That means the employer gets no value for the money they invested in a new grad. Perhaps if a few new grads get sued for breaking contracts other new grads won't be so eager to do so. Then we might have new grads staying in a job for the 1-2 years they promised their employer when they accepted the job in the first place. That's a win for both the employer and the new grad who, after 1-2 years in a job -- is well on their way to becoming competent.

Candogal · Nov 10, 2015

I have never read or needed to sign one of those type of contracts so I have no idea what is involved. My question is, what would happen if the tables were turned and the hospital wants to fire the RN before the contract is up, for instance if the RN consistently stays late accruing overtime because he/she takes their time to thoroughly document and care for the patients? I think at that point the hospital wouldn't bat an eye to fire them over "time-management" so would the RN still have to pay the contract fee?

springchick1, ADN, RN · Nov 10, 2015

I have never read or needed to sign one of those type of contracts so I have no idea what is involved. My question is, what would happen if the tables were turned and the hospital wants to fire the RN before the contract is up, for instance if the RN consistently stays late accruing overtime because he/she takes their time to thoroughly document and care for the patients? I think at that point the hospital wouldn't bat an eye to fire them over "time-management" so would the RN still have to pay the contract fee?

There is always something in these contracts that addresses this. Normally, they just fire you and are done with it.

pookashellz · Nov 10, 2015

Nothing was said about the employer not holding up their part of the contract. I'm thinking the OP would have led with that had that been the case.

maybe. needs further clarification.

if she's signed a contract that requires her to pay back the annual salary if she leaves the job -- then I don't understand why that is so unconscionable. You sign the contract and you live up to it's provisions.

you DO understand why people view that as unethical, you just don't agree.

As for being "asked" to sign a contract, it's obvious workers are "asked" to do many things as a condition of employment which amount to being taken advantage of because no one is in a position where they can afford to turn down work. You know as well as everyone else how difficult nursing jobs are to come by especially as a new grad; to say one has a "choice" shows an astounding lack of awareness.

Why are so many new grads so eager to leave as soon as possible? Maybe just maybe there are real problems in the way most hospitals are run and how workers are treated, and these contracts with ridiculously excessive financial penalties are for corporations too lazy and greedy to retain employees by running their companies properly. A contract which would require a worker to pay severance in an amount which, if subtracted from said worker's wages over his/her employment, would average out to the worker having been paid less than a living wage should be illegal.

LaneyB · Nov 10, 2015

I worked in a place where there was a one-year commitment. There were no bonuses or anything, so nothing to take back. If you didn't fulfill your year then you were marked as not eligible for rehire. No other consequences, but it was a HUGE healthcare system and I would be too afraid to be put on that list (even though I don't plan to work for them again).

OP - how long is your commitment?

JustBeachyNurse, LPN · Nov 10, 2015

Define "don't like the job". If poor work environment. Promises made/contracted and not kept? Or your expectations were not met by reality (you didn't realize job expectations )