Misleading Employment contract

[Robert Ocampo]

I was hired at a hospital in San Antonio as a nurse. I was offered a 2 year contract for $5K. I refused the contract and said 2 years was too long. I had already been a contract nurse at the same hospital for a year prior. The recruiter called back and said they agreed to a 1 year contract for $5k. Half at 90 days and the other half at completion of the 1 year. So I took it. I completed 90 days and was paid half as promised. Then I hit 1 year in Feb 2024 and was paid the remainder, as stated in contract, at completion. I just took a new job. My dream job, in fact. Already submitted my 2 weeks. I get a call from HR saying I owe them half of my signing bonus because I didn't complete 2 years. Imagine my confusion. I signed an 1 year contract and was paid. Apparently the contract was changed to 1 year but retained a 2 year obligation in the "fine print". That's not a 1 year contract! 

This is unheard of! I don't know a single nurse this has happened to! Is this even legal?! Any help/advice would be appreciated.

[mmc51264, BSN, MSN, RN]

Do you have a copy of the contract? If there is "fine print", unfortunately it's our duty to read that. Kind of like "if it's not documented, it didn't happen" 

Kind of surprised they came after you so quick, I know a few people that didn't fulfill their 2 years and never heard from the organization. 

When I switched jobs, I didn't realize I had to give a 30 day notice, so I had to make up the 2 weeks of shifts within a certain amount of time.

Maybe they can use the one year you worked somehow, sorry this happened 

 

[klone, MSN, RN]

Did you read the contract before signing it?

[Nancy Woods]

That ought to have been explained to you before you signed. So I would contact an employment attorney for assistance.

[Mergirlc, MSN, APRN, NP]

Agree w/ the others - attorney time.  Hopefully you have your own nursing insurance; if so, give the company a call.  Your insurance might be able to help guide you or at least give you some names of attorneys.  Depending on the insurance, this may or may not be covered.

Also, do you have any email or text exchanges which show ALL parties agreed to the one-year contract?  Ask your recruiter if they have emails of them and HR agreeing to what you're saying.  This may help you. 

Good luck!

[Bubble KK]

I'm looking for advice on a contract I received from an LTAC facility. I haven't signed it yet, but I think I can't work until I do. It says a commitment agreement that requires me to work full-time for 18 months at this LTAC facility, which I haven't visited or gained clinical experience with during nursing school. I've been job hunting for 4 months in the Sacramento area with no success; it feels like there are no opportunities for new grads. Has anyone worked under a contract at an LTAC facility? Could someone share information about the nurse-to-patient ratio at LTAC facilities? I'm feeling really confused about whether I should sign the contract or wait for another opportunity. I am worried about the bullet point 4 of this contract. Can someone give me advice on this? Also is the arbitration agreement a must to sign for all the facilities if anyone knows I have already signed that one for this facility but not the commitment agreement yet.  

[Mergirlc, MSN, APRN, NP]

Bubble KK said:

" I've been job hunting for 4 months in the Sacramento area with no success; it feels like there are no opportunities for new grads.  "

Have you tried applying to or are able to go further north?  Sometimes in places such as Redding or those surrounding areas, there may be opportunities because not as many people live up there.

[JKL33]

Bubble KK said:

It says a commitment agreement that requires me to work full-time for 18 months at this LTAC facility

Or what?

[NRSKarenRN, BSN, RN]

At-will employment means that both you and your employees maintain a working relationship for as long as it suits both parties. If one party isn't happy with the arrangement, they can terminate it without needing to justify themselves. 

Consult a attorney specializing in CA employment law -best to get advice ahead of time rather than paying back monies for contract forfeiture for not staying 18 months, especially if sign-on bonus offered.

California Long Term Acute Care (LTAC) hospital staffing should be based on Cal. Code Regs. Tit. 22, § 70217 - Nursing Service Staff ratios ratio guidelines.

• critical care unit shall be 1:2 or fewer at all times
• step-down unit shall be 1:3 or fewer at all times.
• telemetry unit shall be 1:5 or fewer at all times

Look up facilities name + location on Glass Door to see what former employees say about place-- any score less than 3 often high staff turnover in my experience. Write our list of pros and cons.   In PA LTAC's managed by major corporations often listed as high acuity  with patient ratios 4-6 on vents, stretched staff, limited supplies.  Those hospital based, far better for new grad,

[Bubble KK]

JKL33 said:

Or what?

No condition is mentioned for revoking the agreement

NRSKarenRN said:

At-will employment means that both you and your employees maintain a working relationship for as long as it suits both parties. If one party isn't happy with the arrangement, they can terminate it without needing to justify themselves. 

Consult a attorney specializing in CA employment law -best to get advice ahead of time rather than paying back monies for contract forfeiture for not staying 18 months, especially if sign-on bonus offered.

California Long Term Acute Care (LTAC) hospital staffing should be based on Cal. Code Regs. Tit. 22, § 70217 - Nursing Service Staff ratios ratio guidelines.

• critical care unit shall be 1:2 or fewer at all times
• step-down unit shall be 1:3 or fewer at all times.
• telemetry unit shall be 1:5 or fewer at all times

Look up facilities name + location on Glass Door to see what former employees say about place-- any score less than 3 often high staff turnover in my experience. Write our list of pros and cons.   In PA LTAC's managed by major corporations often listed as high acuity  with patient ratios 4-6 on vents, stretched staff, limited supplies.  Those hospital based, far better for new grad,

The part that is confusing for me is that the offer letter mentioned at-will employment, but the agreement includes paragraph 4 with some legal terms as well.

[luv2]

Always read the contract. They use this nowadays to lure young new nurses to ridiculous contracts. READ  ALL CONTRACT AND  KEEP THE PDF on your computer at all times. Keep the employee handbook and memorize the rules.

 

[JKL33]

A commitment contract with the extra commitment itself rendering no direct benefit to yourself may not speak well for the scruples of the organization.

A direct benefit does exist of sorts, which is the opportunity to have the job presumably. So instead of your 18 month commitment earning you a bonus above and beyond the paycheck that you earn, the reward for making the commitment is the opportunity to be employed. It isn't nothing, it just isn't the customary type of reward in return for longer commitment.

Also, they are a bit misleading in commingling the bit about being an at-will employee and the next sentence which suggests but does not actually say that THE reasons one would be terminated would be for violating policies/procedures or being negligent in patient care. Rather, at-will employment can be severed for no reason or for any reason, as long as the reason is not illegal. And most aren't.

I have a hard time not advising someone to take a job when they're having a hard time finding a job, so I guess my advice would be that if there are other red flags besides the need to make an 18-month commitment it might be wise to keep looking. OTOH if they seem otherwise decent, take the job and if it turns out to be a nightmare you can cross that bridge of whether to break your commitment when you come to it.