Terminating a contract/Buyout contract

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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.

Specializes in Complex pedi to LTC/SA & now a manager.
Well I saw it at government website U.S. Bureau of Labor Statistics

You can check it there as well

That site notoriously inaccurate for wages and employment projections. And yes judgements/lawsuits cross state lines. Again consult a NY attorney if they claimed one wage in the contract but are paying 25%+ lower you may have a cause of action for back wages with the state board of labor (you can file that yourself if it's the case and save $$). You can try contacting the NY dept of labor if you are contracted for one rate but your paycheck inexplicably shows a different rate.

Not all facilities count out of country experience, while others give credit for experience overseas.

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If you're in New York and the employer is in NY, why on earth are you talking to attorneys in other states?

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Specializes in Perioperative nursing.
That site notoriously inaccurate for wages and employment projections. And yes judgements/lawsuits cross state lines. Again consult a NY attorney if they claimed one wage in the contract but are paying 25%+ lower you may have a cause of action for back wages with the state board of labor (you can file that yourself if it's the case and save $$). You can try contacting the NY dept of labor if you are contracted for one rate but your paycheck inexplicably shows a different rate.

Not all facilities count out of country experience, while others give credit for experience overseas.

what do you mean inaccurate? that is a government website. lol.

also, can i file it on my own in the labor department?

Well, i dont want a backpay. I want the contract to be unenforceable. is it possible?

If you're in New York and the employer is in NY, why on earth are you talking to attorneys in other states?

because they were family friends. id rather talk to them about legalities and spend nothing.

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My understanding is that your employers are the ones that breached the contract. Review the contract if it states that they can "cure" the breach within a specific amount of time. So first, inform them formally of their breach. If they did not 'cure" it in time you can send them a letter to terminate the contract because of the breach. Based on my little knowledge, they cannot revoke your green card. They can only notify the INS of any wrongdoing on your part. And ofcourse, it is best to seek legal advice or representation in the state concerned.

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Specializes in Perioperative nursing.

Just to give everyone an update:

I successfully released from my contract after 3 months of working with the agency.

Found a lawyer and lawyer communicated with them and informed them the violations and the possible fines they will face if it will be escalated to a class suit. So, they decided to released me from the contract and pay me for my backpay. After that I worked in a nationally recognized cancer hospital in the world and gave me 52/hour and was increased to 54/hr after a year. Now I am working as a manager in the OR in one of the prestigious hospital in NYC. Earning more...Both 2 cars and a house already in just 3 years in the US and finished my second masters degree in nursing and I am on my way on finishing up my doctorate in nursing DNP.

To everyone with the same experience as I had. Don't lose hope and don't be scared or threatened by those greedy agencies.

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Specializes in Perioperative nursing.

bought*

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I'm glad it worked out! It's unfortunate that some nursing homes in NYC are so predatory towards foreign nurses: https://www.newsday.com/long-island/suffolk/sentosa-nursing-home-nurses-1.37091421

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Specializes in Emergency.

Hi, I have a friend in NY with the same predicament. Can you give me your lawyer’s contact information? Thank you!

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On 3/31/2017 at 11:08 PM, vinzabe said:

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.

Hi vinzabe, 

My name is Khue. I am an international nurse from Vietnam. I went through the employment immigration just like yours with an agency. I got my green card but my agency has not find me any work for 2 months. I can't work with other places due to potentially breach of contract. Can I message you through FB or IG to learn more about your situation? I would love to get some lawyer contacts that you used as well. Thank you so so much and I appreciate you for helping me! 

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