Terminating a contract, Do I have to pay them back??

allnurses Guide · Jan 19, 2012

They might pursue you for it but probably not. You can ask them about it I would think, explaining just as you did here. Hopefully you are rehirable and they will be interested in taking you back once you have recovered.

NicuGal, MSN, RN · Jan 19, 2012

I'd call the HR department and ask about it. Better to contact them first then having them calling you.

mazy · Jan 19, 2012

I'm so sorry you are going through this, a really rough situation.

But I'm a little confused about the amount of time you worked there and also about why you aren't eligible for COBRA. And also, did they pay you out $6000 as a bonus when you signed on? Or were you signed on to work a specific amount of time? Why are they saying you have to pay them back?

I agree that you should talk to HR about it, but the bottom line is that you can't get blood from a stone, and they may just let the whole thing go rather than going through all the mess of trying to get that money back. The most important thing to focus on right now is getting better.

It's a sad state of affairs that someone who is going through what you are going through also has to worry about financial retaliation from an employer.

I hope that you can inform yourself about this and then find a way to put it on the back burner until you get well.

Best wishes, I hope that the coming year is better for you.

LoriLane · Jan 19, 2012

Thank you all for the responses, I have called HR twice this week and am awaiting a response.

Mazy: I worked there for a total of 2 1/2 months, I had an 8 week orientation and I had been on my own for two weeks. They didnt pay me any sign on bonus or anything, but in return for their paying for my orientation I was to give them 2 years of employment, and if I quit or went to part time I would pay them back 6 thousand.

When I spoke to the HR department about my benefits they told me that I would keep them until my PTO ran out, which went pretty fast since I didnt have much to begin with. I've never heard of COBRA, is it a type of disability insurance? I was able to readd myself to my husbands insurance plan but we had to pay around 400 extra a month for me and the kids. I was lucky because with my employer my insurance was free for all of us.

Thank you for the kind words, I hope that I will be eligible for re-employment when I get well. I am working my booty off in PT so hopefully it wont take the 4-5 months like they are thinking.

Purple_Scrubs, BSN, RN · Jan 19, 2012

If the contract states you have to pay it if you quit or go to part time, and you did neither, I cannot imagine them asking you to pay it back. You are physically unable to work, and if I understand correctly they terminated you. Thus, I would think they ended the contract, not you. Focus on getting better and try not to stress about this.

I quit a job with a similar contract and never heard a word from them about paying anything back.

LoriLane · Jan 19, 2012

Thank you Purple_Scrubs, that really gives me hope:D

They have not contacted me to collect so I hope that they are going to end the contract on their terms. That would be an enormous blessing (aside from losing the job) and a burden off my shoulders.

Bless you all for responding to my post.

mazy · Jan 19, 2012

PurpleScrubs also has a good point. If you were terminated and did not quit of your own volition, I don't think they have a right to go after that money. They are the ones who terminated the contract.

At any rate, re COBRA.

It is Federal Law that anyone working and paying for health insurance in a facility with more than 20 employees has the right to continue participating in those group health benefits for 18 months after leaving the job, if they pay the full amount of the premium, and if they have not been terminated by the facility.

I'm not sure how long you have to be an employee to be eligible. But it sounds like you were fortunate enough to get on your husband's plan and COBRA probably would have cost the same amount.

At any rate, for future reference here is the COBRA web site:

U.S. Department of Labor - Find It By Topic - Health Plans & Benefits - Continuation of Health Coverage - COBRA

LoveMyBugs, BSN, CNA, RN · Jan 19, 2012

Hopefully HR contacts you, that you could be rehired upon completion of PT

Do you have a copy of your contract with you that spells it out? I know when I interviewed for a company they had a similar contract, us interviewees were allowed to look over the contract and it spelled it out for almost every possibilty of job termination before the contract was up.

I think as others have stated, they terminated you from your position you through no fault of your own. Did your auto insurance cover any of this or the other divers insurance cover you for loss of wages?

OCNRN63, RN · Jan 19, 2012

Hello there everyone! I'm new, my name's Lori and I have been a nurse for about 9 months. Im in sort of a predicament. I was hired right after I graduated into a med/surg unit. I got through orientation and about 2 weeks after my first shift on my own I was in a serious car accident where I broke my pelvis and my left knee cap. I did not have much time banked in my PTO and have been off work for about 5 months now. I had to have 3 surgeries on my pelvis and one on my knee, along with tons of PT.
Well I lost my insurence benefits from work because all my PTO expired, and they did not give me the option to pay out of pocket.I understand that I am not fully capable of returning to work right now, and they need someone who is healthy to work. I have no ill feelings towards them for cutting my benefits or firing me, and I feel TERRIBLE about them putting me through orientation.
I am just worried, I signed a contract at the begining of employment stating that if I quit or go down to part time that I would have to repay them 6 thousand dollars. I hate the fact that this car accident occured because it has been so hard to recover physically, mentally and financially. I feel bad because its not their fault that this happened to me, but I also feel that its not my fault either. I have absolutely NO money to pay them back right now. I have 6 kids and now my husband is the only one working. I still cant walk very good and the doctors say I will need at least 4 or 5 more months of PT before I can work again. I am SO depressed, I feel so guilty for losing this job and having to pay back 6 grand that I dont have.
Does anyone know what will happen if I am unable to pay?

In the US, by law you must be offered COBRA if you leave/are terminated.

If you really want to know if you must pay the money back, you need to call your former employer and discuss this with HR. People here can only speculate.

Horseshoe, BSN, RN · Jan 20, 2012

purplescrubs also has a good point. if you were terminated and did not quit of your own volition, i don't think they have a right to go after that money. they are the ones who terminated the contract.
at any rate, re cobra.
it is federal law that anyone working and paying for health insurance in a facility with more than 20 employees has the right to continue participating in those group health benefits for 18 months after leaving the job, if they pay the full amount of the premium, and if they have not been terminated by the facility.
i'm not sure how long you have to be an employee to be eligible. but it sounds like you were fortunate enough to get on your husband's plan and cobra probably would have cost the same amount.
at any rate, for future reference here is the cobra web site:
u.s. department of labor - find it by topic - health plans & benefits - continuation of health coverage – cobra

according to the faq's of cobra found in the link above, your statement above is incorrect.

"

qualifying events for employees:

voluntary or involuntary termination of employment for reasons other than gross misconduct
reduction in the number of hours of employment