Published Jan 12, 2006
reeree30
3 Posts
Hello! I would like to get some opinions please! I am a traveler and my contract at my current facility is coming to an end in about 2 weeks. In the middle of December my recruiter found me a position at another facility. The contract and information has been mailed to me but I have not returned or signed the written contract yet. In the meantime the current facility that I work at has offered me full time employment and I am considering it. I told my recruiter and she said that I made a verbal contract if I do not accept and go the position then I will be charged for housing for 30 days because they extended my housing until april (they have to give a 30 day notice). She said that this could be enforced on a verbal not written contract. My question: Can they force me to pay housing without a signed contract and the assignment does not begin until Feb 1? I would appreciate any advice on this situation...thanks!
babynurselsa, RN
1,129 Posts
No written contract??? SHe is attempting to bully you into accepting this assignment. They will just be able to put the next traveler into your apt that would be taking the assignment if you do not. The lease is in their name not yours. Just remember that if the tables were reversed they can promise you the moon and if it is not written in your signed contract it will never happen. How are they going to bind you to something you never signed????
I do not for a second believe that this is kosher. I personally would be looking for a new recruiter. I don't have the time, energy or desire to put up with tactics like that.
suzanne4, RN
26,410 Posts
Depending on your original contract and agency, if you accept a permanent position at the facility that they sent you to, the hospital will be responsible for a fee to the agency, you better check on that first. It is in most contracts, that you cannot accept a position there for one year, without prior written approval of the agency, or you will get hit with about a $7500 penalty. I have yet to see a contract where there wasn't something like that in it.
You are worrying about the wrong thing right now.
nightingale, RN
2,404 Posts
I agree with what Suzanne stated; you need to talk to your recruiter and if they do not know what you are talking about then talk to his/her boss.
I've been at this facility fof about six months and many, many travelers have went on staff there. I asked a couple of them if they had to get written consent or if they incurred any penalities and they said no. However, it is an excellent point and I will call and talk to my agency. So lets assume there is no problem with that, what do you think about my original question? If I accept the permanent position, do you think I could be liable for the housing for 30 days without a signed contract.
fkeddy
5 Posts
no..unless you've signed and sent it back, they can't do that to you, i would run from that recruiter if i were you, make sure you let us know on here who the company is,and the recruiter, so we can be warned as well...good luck
sawbones
21 Posts
You don't owe them anything.
IdahoNurse
84 Posts
I agree with the others in that your company is just trying to bully you. It isn't a legal and binding contract unless you sign on the dotted line. I'd get my last paycheck in my hand before I told them that I definitely wasn't going to the other hospital, or they will keep your final check. Probably you will just have to cut your losses and run.
RN2travel
40 Posts
NO NO NO!! They can not do that. You did not sign a contract and are under no obligation. If they try just get yourself a lawyer, and also contact the labor board in the state the company is based!
You are under no obligation till the contract is signed!
Brownms46
2,394 Posts
My question: Can they force me to pay housing without a signed contract and the assignment does not begin until Feb 1? I would appreciate any advice on this situation...thanks!
I agree with everyone else here, and I do not believe this agency leased a place for you already, so far in advance. If they did, without a signed contract, they are just plain dense! No recruiter or agency, should secure housing, without a confirmation from the hospital, and a signed contract from a Traveler!
It is obvious that the recruiter thought you were in agreement with taking the asssignment or they wouldn't have sent the contract out. But until you sign that contract, or if you arrive at the assignment, take housing, show up for oreintation, or in anyway give the impression you are in agreement, then you are not liable for what this agency did. Congrats on the new job!
canoehead, BSN, RN
6,901 Posts
Any verbal contract cannot be enforced without the two parties coming to a "meeting of the minds" about the terms and agreement. If you and your recruiter did not agree then there was no mind meeting in a legal sense and the verbal contract (even if it did exist, and it didn't) could not be enforced.
I will again say this, only because I seen it done all too many times. Traveler gets a contract, but does not sign it. Arrives at the assignment, moves into the apt., goes to the hospital, and works. This in the courts eyes, showed you were in agreement with the terms of the contract, whether you signed it or not. Please...for those who are traveling, do yourself a favor. Do not leave for the assignment, do not use the airline ticket, do not spend any advance travel money, etc..etc. In other words, do not set yourself up to be sued.
You are not protected, just because you did not sign the contract. Just a word to the wise.