Terminating a contract/Buyout contract

Published

Specializes in Perioperative nursing.

Hello fellow nurses. I would like to know your feedback on my situation. I hope there will be no violent reactions from agencies here.

I signed a contract with an agency for a nurse supervisor position under eb2 category. I paid for everything. Legal, filing, NVC and greencard fee and even my airfare and accommodation when I got here in NYC.

In the contract they said that I will be receiving $48/hr and the buyout is $35,000 for a 3 year contract. However, when I arrived here in NYC, I am only earning $29/hr. Not to mention that the prevailing wage in NYC is $31.62/hr for entry level RNs. I have more than 3 years experience and a Master's degree holder.

My friends in other states are earning twice than what I am earning right now. The agency is the one who paid everything and they are earning twice than me. They also have full benefits and in my part, I need to pay around $400 a month to get my health insurance.

My questions is if I terminate the contract. Will I be sued for breach of contract or some sort like that or not? Because as far as I know, a contract is null and void if the other party won't fulfill their end. In this case, the agency violated a lot of things in the contract. The hourly rate, below the prevailing wage and etc.

Also, is it fair to pay them $35,000 for a buyout fee? because my friends buyout fee is only $10,000 and in my friend's case, it is the agency who pays for everything. My case is I am the one who paid for everything and the buyout fee is $35,000. Will the agency win the case if ever we goes to court on this one?

Lastly, will my greencard be revoked if I terminate my contract with them or if sue my employer for not letting me go and violating the contract?

Thank you so much.

Up Vote Up Vote ×
Specializes in Complex pedi to LTC/SA & now a manager.

You need to contact an attorney that specializes in employment and immigration issues. Did you have an attorney review your contract before signing? You can't use your friend's contact as evidence that yours is not valid it doesn't work that way.

Up Vote Up Vote ×
Specializes in Perioperative nursing.
You need to contact an attorney that specializes in employment and immigration issues. Did you have an attorney review your contract before signing? You can't use your friend's contact as evidence that yours is not valid it doesn't work that way.

thank you for the feedback. I did. a california, indiana and texas lawyer and all of them told me that it is an adhesion contract, one sided contract and therefore unenforceable because they violated it by giving me below the prevailing wage.

Up Vote Up Vote ×
Specializes in tele, ICU, CVICU.

I concur with justbeachy about needing a lawyer if you decide to go that route.

I did a few years traveling and most agencies know how to state things within the contract so their butt is covered usually pr

Is the $48/hour include housing stipend & benefits? Even though they stated 48h/hour, your benefits, housing allowance etc would be the same value as actually bring home closer to the 48 per hour.

They always paint the scenario "the grass is so much better on the other side; come join us it'lll be worth!" kind of idea. And then once you arrive the original side of the road looks 10X better...

I imagine the agency has everything in order, regarding your contract, Most attorneys will be willing to do 1 10 minutes, free consult with them; If only to determine if you hvae a good case...

I'd study that contract front to back, inside out & upside-down.

Best of luck... :)

Up Vote Up Vote ×
Specializes in Perioperative nursing.
I concur with justbeachy about needing a lawyer if you decide to go that route.

I did a few years traveling and most agencies know how to state things within the contract so their butt is covered usually pr

Is the $48/hour include housing stipend & benefits? Even though they stated 48h/hour, your benefits, housing allowance etc would be the same value as actually bring home closer to the 48 per hour.

They always paint the scenario "the grass is so much better on the other side; come join us it'lll be worth!" kind of idea. And then once you arrive the original side of the road looks 10X better...

I imagine the agency has everything in order, regarding your contract, Most attorneys will be willing to do 1 10 minutes, free consult with them; If only to determine if you hvae a good case...

I'd study that contract front to back, inside out & upside-down.

Best of luck... :)

thank you so much for the response. I don't have any benefits from that agency. i pay for my own housing and transportation. They gave me $29/hr for salary and that's it. No other benefits, bonuses and etc. Will definitely find a lawyer to give me a free 10 minute consultation and if the agency wants to go that route then I will hire that lawyer. I hope someone can shed some light with the same or almost the same experience as I have right now. :)

Up Vote Up Vote ×
Specializes in Oncology.

This may be a dumb question, but have you asked your employer what happened to the wage you were originally promised? How half of it disappeared?

Up Vote Up Vote ×

If your lawyer said it's unenforceable, then I'd bail.

Up Vote Up Vote ×
Specializes in Medical and general practice now LTC.

Moved to the International Nursing forum

as mentioned this this is something you need to speak to a lawyer about.

Up Vote Up Vote ×
Specializes in Perioperative nursing.
This may be a dumb question, but have you asked your employer what happened to the wage you were originally promised? How half of it disappeared?

I did already but they simply say. It's normal becuase you are just starting. I said to them, no it is not. my friends in other state are earning more than I do. not to mention that I am in the one of the most expensive city in the world where everything is expensive + sales tax. I also told them that I applied in other large hospitals like montefiore, memorial sloan and mount sinai. I got acceptd to all of them and the salary is twice as I am earning right now with full benefits like helath insurance, 401, 100% tuition reimbursement and etc. They keep on pushing that it is normal becuase I am new and it will increase after a year. hayyyy

If your lawyer said it's unenforceable, then I'd bail.

yep. 3 lawyers said that it is enforceable in tx, ca, and in but they also said to me that it may be different in NY state where the contract was made.

Up Vote Up Vote ×
Specializes in Complex pedi to LTC/SA & now a manager.

Out of state lawyers are not applicable. If you are in NY you need an attorney experienced in labor/employment and immigration. Comparing to your peers out of state is not a valid argument to dispute your contract. There is no guarantee they have the exact same scenario as you. You need to focus only on your situation. What proof do you have for prevailing wage for the region where you work? $29/hr is a reasonable starting wage for many areas for a nurse with zero US experience. Company paid benefits are extremely rare these days especially in the north east.

Again lawyers in TX and CA told you the contract is unenforceable in their state however you are not in TX or CA so their advice is as good as ours...

Up Vote Up Vote ×
Specializes in Perioperative nursing.
Out of state lawyers are not applicable. If you are in NY you need an attorney experienced in labor/employment and immigration. Comparing to your peers out of state is not a valid argument to dispute your contract. There is no guarantee they have the exact same scenario as you. You need to focus only on your situation. What proof do you have for prevailing wage for the region where you work? $29/hr is a reasonable starting wage for many areas for a nurse with zero US experience. Company paid benefits are extremely rare these days especially in the north east.

Again lawyers in TX and CA told you the contract is unenforceable in their state however you are not in TX or CA so their advice is as good as ours...

Well, I used this one to determine state prevailing wage [COLOR=#006621]https://www.bls.gov[/COLOR]

[COLOR=#006621]$29/hr is reasonable for RN with 0 US experience. are you sure about that? Living within the 5 boroughs of new york and renting, travelling, eating with that salary is not enough. not to mention how many time you are taxed in NYC.

As far as I know, every EMPLOYER/AGENCY should follow the prevailing wage set by the state itself.

3 of the largest hospitals in NYC offered me a $50/hr base pay and they calculated my 5 years experience outside the US and my masters degree and they come up with about $57/hr plus full benefits. So i think $35/hr is reasonable which is $3 higher than the prevailing wage.

Also, they promised me $48/hr in the contract. If one party violated the contract then it is considered null and void.

Question: So if I breach the contract in NY. Then they can't file a lawsuit against me if I relocate to other state?[/COLOR]

Up Vote Up Vote ×
Specializes in Perioperative nursing.
Out of state lawyers are not applicable. If you are in NY you need an attorney experienced in labor/employment and immigration. Comparing to your peers out of state is not a valid argument to dispute your contract. There is no guarantee they have the exact same scenario as you. You need to focus only on your situation. What proof do you have for prevailing wage for the region where you work? $29/hr is a reasonable starting wage for many areas for a nurse with zero US experience. Company paid benefits are extremely rare these days especially in the north east.

Again lawyers in TX and CA told you the contract is unenforceable in their state however you are not in TX or CA so their advice is as good as ours...

Well I saw it at government website U.S. Bureau of Labor Statistics

You can check it there as well

Up Vote Up Vote ×
+ Join the Discussion