Travel companies don't seem to have to honor the contract?

[Skwidward]

I say this due to experience with a past contract stating that the traveler is able to leave the assignemt without penalty as long as she gives 14 days notice. However, when 14 days notice was given, the company informed the traveler that the hospital requires 30 days notice.

Second situation (and main issue): Now this is regarding "guarenteed hours." An new assignment was taken up with a different company by the aforementioned traveler (The change in companies was due to the fact that the new company was offering guaranteed hours-the previous company was not...hence the resignation attempt). The traveler signed the new contract with the new company as it quite clearly stated that the traveler's schedule was for 48 hours/week. This is the reason why said traveler signed said contract. This issue was discussed in detail by the traveler and recruiter many times.

Upon receipt of the traveler's first schedule at the new hospital, the traveler noticed that she had only been scheduled for 36hrs/week. The matter was brought to the attention of the nurse manager who stated that she had in fact signed a contract with said travel company to hire a nurse for no more than 36hrs/week. In fact, the nurse manager claimed to have changed the 48hrs to 36hrs before signing said contract. However, the nurse manager changed the traveler's schedule to include the extra shifts to provide the traveler with the opportunity to work the 48hrs/week. She said that this was fine "for now," as they needed the extra help.

The matter was then brought to the attention of the recruiter who stated that the hospital had signed for 48 hrs/week, and that "the hospital assured" her that it was ok for the traveler to work 48hrs/week.

Upon a second meeting with the nurse manager, the traveler was told to have her recruiter contact the nurse manager to set this straight. The crux of this matter is that the traveler is far far away from her home and family, the contract is for 6 months, and if it is only possible to work 36hrs/week, it is not worth the traveler even being there in the first place as this will make the traveler unable to pay her bills both at home and on assignment.

Is the traveler's copy of the contract a legally binding document that all participants in the agreement must honor, or is it at the mercy of some hidden master copy only seen by the travel company and ultimately worth no more than some used toilet paper?

thanks for reading

any advice appreciated

[bagladyrn, RN]

You have a contract with your agency. The hospital has a contract with your agency. They do not necessarily say the same thing. Your agency is responsible to you for the contract with you - if it states you are guaranteed 48 hrs. pay a week, then that is what they owe you. This does not mean that the hospital has to schedule you for 48 hours if their contract with the agency says something different. If the agency has to pay you for hours not worked because of their mistake in the contract with the hospital it is their loss. HOWEVER - I'd read very carefully all material from your company involving your contract - especially any employee handbook that may be referred to in your contract as all sorts of clauses can be buried in here, be considered part of the contract you agreed to and come back to bite you.

Your best move may be to start out with your company with a "How can we work this out for both of us?" attitude instead of an adversarial attitude.

[ruthiebaby88]

a contract is a contract - i'm no lawyer, but I'd say they are trying to get away with something assuming that it won't be worth it to you to pursue it - they have put you in an awkward by making you demand more hours from the nurse manager than she wanted to give - perhaps she changed the contract before signing it and they didn't notice she had done it - people at facilities can be flaky sometimes due to pressures from their bosses trying to manage the budget - still this should be none of your problem - you should be entitled to whatever is in the contract. so my advice is to make some noise with your company as the squeeky wheel gets the grease and if they don't remedy the situation to your satisfaction don't travel with them again and up to you if you want to try consulting a lawyer if they don't make good.

But do read all the fine print first - a lot of places with guaranteed hours it says something like - hours paid if you are missing more than 48 hours - it also says you can be called off and as long as you are given fair chance to make the hours up and you decide not to take those shifts, then they are not liable. they could use this to make you responsibility by offering shifts you don't want to work like 12 in a row or the one day you asked for off - so if you are going to pursue the issue better make sure you actually work all the shifts they offer you

just my 5 cents

[nightingale, RN]

Important to note, as part of the original response is approach. I agree with bagladyrn, don't try to get what you want with "attitude"; you get more bees with honey then with lemon.

[Skwidward]

Update:

The traveler has now seen the hosptial's version of the contract, and low and behold it says they are only obliged to work the travel nurse 36hrs.

What's the recruiter saying?

-Don't worry about it. They (the hospital) assured us that you can work 48hrs, as they are very busy at the moment.

The travel nurse has already been called off twice.

So, if the travel nurse's contract says that the nurse will get paid for 48hrs per week and the nurse does not work 48hrs per week, is the travel company then legally obliged to pay the nurse for said hours? (Assuming all fine print has revealed no catches)

What should the nurse do, get a lawyer?

[suzanne4, RN]

The nurse has the contract with the agency, not the facility. It does not matter at all what is in the contract between the agency and the facility.

The agency is 100% responsible for what is in the contract, if they guaranteed 48 hours, then you need to see that on your check. If they do not honor that, then get an attorney.