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NP Employment Contract. I WANT TO LEAVE!

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by BlueRN95 BlueRN95 (Member) Member

BlueRN95 has 5 years experience and specializes in ER.

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I started working as an FNP at a stand alone urgent care which just opened its doors eight months ago. I have only been working for 10 days and I do not feel comfortable with the way the MD practices. I have insisted on signing my standardized procedures (I'm in California) but he keep ignoring me. I signed a contract stating that I would give him two months notice if I wanted to leave. The contract states:

In the event either party desires to dissolve the agreement they should provide the reason for the dissolution in writing to the other party with a minimum of 60 days notice. Failure of the Nurse Practioner to provide a 60 day notice will result in a penalty of 25% of final pay and legal action as deemed necessary per California laws. The penalty fee will be used to temporarily replace hours scheduled or to be scheduled with another provider.

Has anyone experienced a situation like this? I want to leave right away because I don't even have a physician/NP agreement but I don't want to be sued. 

Thank yo so much!!

Edited by BlueRN95
misspelling

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3 Followers; 36,940 Posts; 98,026 Profile Views

Take this situation to an employment attorney.

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juan de la cruz has 27 years experience as a MSN, RN, NP and specializes in APRN, Adult Critical Care.

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17 hours ago, caliotter3 said:

Take this situation to an employment attorney.

Exactly this. Seek legal advice from an attorney specialized in labor/ employment laws and/or professional liability. This site's Terms of Service specifically prohibits giving legal advice. Without a "standardized procedure" in California, you are effectively practicing out of scope.

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4 Followers; 1,480 Posts; 7,442 Profile Views

At least in my state, we couldn't work a minute before such a contract was in place.

This is a very major error in the education of NP's , meanwhile we have this nursing theory or philosophy nonsense.

They have you by the proverbial short hairs, because they know the laws and you don't.

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66 Posts; 808 Profile Views

what exactly do you not like about how the MD practices? 

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Neuro Guy NP has 7 years experience as a DNP, PhD, APRN and specializes in Vascular Neurology and Neurocritical Care.

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Exactly. Consult a nurse attorney. They not only specialize in issues related to nurses and NPs, but this also includes the business aspect too. I'm obviously not an attorney, but that attorney will likely tell you the whole contract is null and void since it runs afoul of the law mandating the existence of standardized procedures. Perhaps you might even argue that the legal jeopardy in which you're placed resulta in damages to YOU, thus flipping the contracts language on the employer 😂😂. Long story short, I think you'll be fine if you consult an attorney. If you have malpractice insurance, AND I HOPE you do, this will be covered by the policy. They might pay upfront, or expect you to pay the attorney and then subsequently reimburse you when you submit his bill. But either way it is covered. 

Edited by Neuro Guy NP

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Neuro Guy NP has 7 years experience as a DNP, PhD, APRN and specializes in Vascular Neurology and Neurocritical Care.

246 Posts; 7,447 Profile Views

And on another point, I don't care if you do manage to resolve things with this physician professionally, I would leave this employment quickly! Any employer that can't handle basic legal matters and expectations such a standardized procedures for employed nurse practitioners cannot be trusted to follow other aspects of the law, and most likely would throw you under the bus if any legal issues were to arise out of this or any other matters. That is just lack of professionalism.

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BlueRN95 has 5 years experience and specializes in ER.

70 Posts; 2,635 Profile Views

18 hours ago, juan de la cruz said:

Exactly this. Seek legal advice from an attorney specialized in labor/ employment laws and/or professional liability. This site's Terms of Service specifically prohibits giving legal advice. Without a "standardized procedure" in California, you are effectively practicing out of scope.

Thanks Juan! I really enjoy reading your posts. You give insightful recommendations and advise to us newbies.

 

7 hours ago, Neuro Guy NP said:

Exactly. Consult a nurse attorney. They not only specialize in issues related to nurses and NPs, but this also includes the business aspect too. I'm obviously not an attorney, but that attorney will likely tell you the whole contract is null and void since it runs afoul of the law mandating the existence of standardized procedures. Perhaps you might even argue that the legal jeopardy in which you're placed resulta in damages to YOU, thus flipping the contracts language on the employer 😂😂. Long story short, I think you'll be fine if you consult an attorney. If you have malpractice insurance, AND I HOPE you do, this will be covered by the policy. They might pay upfront, or expect you to pay the attorney and then subsequently reimburse you when you submit his bill. But either way it is covered. 

Thank you so much! I will go ahead and consult the nurse attorney. Fortunately, I do have malpractice insurance.

 

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BlueRN95 has 5 years experience and specializes in ER.

70 Posts; 2,635 Profile Views

I went ahead and pulled a Leroy Jenkins and resigned effective immediately. I did not like the fact that the MD wanted the NPs to perform X-rays. I have never been trained as an Xray tech and it is not within my scope of practice.

 

Thanks for all of your advice and suggestions!

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8 hours ago, BlueRN95 said:

I went ahead and pulled a Leroy Jenkins and resigned effective immediately. I did not like the fact that the MD wanted the NPs to perform X-rays. I have never been trained as an Xray tech and it is not within my scope of practice.

 

Thanks for all of your advice and suggestions!

That is insane...  I wouldn't know how to do that.

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Neuro Guy NP has 7 years experience as a DNP, PhD, APRN and specializes in Vascular Neurology and Neurocritical Care.

246 Posts; 7,447 Profile Views

9 hours ago, BlueRN95 said:

I went ahead and pulled a Leroy Jenkins and resigned effective immediately. I did not like the fact that the MD wanted the NPs to perform X-rays. I have never been trained as an Xray tech and it is not within my scope of practice.

 

Thanks for all of your advice and suggestions!

Good for you. You were at risk each moment you continued without your collaborative agreement or whatever CA calls it. 

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