Need advice, missed hour charges while on contract

[gypsyRN1421]

Let me give a little background. I was on assignment but had it built into the contract that I would have Monday, Dec 24 - Thurs, Jan 3 off. I would miss a total of 3 shifts, however, I was making them up with working extra shifts, which, my recruiter said to do. I had already worked my extra shifts before the time off because my contract ended Jan 19th. When I received my paychecks they had taken $491 out for "missed hour charges." Now, 3 months later, I have been going back and forth with my company and I keep getting excuse after excuse. They first said it was "missed hour charges" then they said it was tax free money I had to pay back (but they took more than the $462 that my tax advantage was) and now they just don't know..... which was a week and a half ago. I was under the impression that the missed hour charge was an amount determined by housing costs, M&I charges and insurance to be recouped if the total hours for assignment were not met. The only thing about paying money back in the contract is the missed hour charge. It clearly states that "if employee fails to complete the minimun number of contracted weekly hours specified... [the company] will deduct time off charges for each hour short during that week missed at an amount equal to the time off hourly charge specified in the [contract]. Upon completetion of the assignment if employee's total hours missed are equal to or less than the equivalent of one shift, any time off charge deductions will be refunded to employee on the last paycheck of the assignment." What is another course of action I can take to get my money back (or make them feel worried enough to just give it back to me already)? I met the requirements for the contract and want the money I am owed! Please help!!!!!!

[NedRN]

You did not specify, did you work the required number of hours? If so, the contract as you have stated it is on your side. You have a few options. 1. get a lawyer to write a demand letter - expensive. 2. take them to small claims court (or other legal remedy that the contract specifies) - not so costly in dollars, but in your time pursuing it. 3. get a baseball bat and practice using it - could earn you jail time and some problems with nursing boards.

More seriously, you need to put your beef with them in writing. Hopefully you have all your time sheets, or at least check stubs to back up the number of hours you worked. Lay it out clearly in your letter, the contracted hours, the number of hours worked, and the payroll deductions made. Send it to the CEO and tell them that you plan to report them to the labor board of their state and the worked state, and potentially file a lawsuit. You can also tell them that you plan to report the actions they take on travel nurse forums (where even the loss of one potential traveler will cost them around $5,000 in lost profits). Don't threaten them, just tell them what you are going to do and follow through. If you have proper documentation, the labor board may help you without the follow up steps.

Otherwise, $491 is a fairly inexpensive lesson, and you can help other travelers by warning them away from this agency.

[gypsyRN1421]

Thanks for the reply, NedRN, I was hoping you'd see this! You always have so much insight! I did work the required number of hours for the contract so sounds like I'm going to the next level. I'll definitely be looking up contact info for the CEO. What about the BBB? Is that also an option to report them to? I know $491 isn't that much but it's the principle and that I covered all my bases, read my contract and fulfilled it. My recruiter agrees that I'm owed the money back but the payroll people are the ones we're fighting with. My recruiter said she'd get me the money back in a bonus on the next assignment but I don't want to travel with them again just to get the money I'm owed. Thanks for the info!

[NedRN]

Tell your recruiter that working for them again is conditional on getting the money owed first. Then you can decide if you should work for them again or not.

I don't have a high opinion of the BBB. For one thing, have you, or anyone else reading this, ever looked up an agency? If you've ever looked at making a report, the BBB makes it really hard, especially if the business is not a member. Then they "resolve" it without making details public, and without resolving it. Pretty worthless, in fact has less value than placing credence in a post here about a specific agency.

Labor boards carry considerably more weight, and if they take up your case, the agency will almost certainly pay you. No one wants an agency like that on their back.

Most lawsuits are not rational financial decisions, they are all about emotion.