Travel contract dilema

bagladyrn, RN · Oct 25, 2008

Most actually reimburse for travel up to a certain amount (300-500 each way). I don't believe you are legally bound to this contract if you haven't signed any paperwork. As for morally bound, that's sort of your call. Were the terms of the contract (such as travel reimbursement) not made clear to you before you received the contract. If not, then it may be worth your while to call the agency and let them know that the terms are unacceptable and see if they will consider negotiation.

loricatus · Oct 25, 2008

You technically did not enter a verbal agreement for a travel nurse position; instead, you entered into a verbal agreement to enter into contract negotiations for a travel nurse position. If the contract and its terms are not satisfactory (since no initial verbal acceptance of a position includes all the terms and conditions you will find in the contract), you can choose to negotiate or just walk away.

You are under no obligation to take a position unless you have signed a contract (from both parties) and the other parties to that contract have met their contractual obligations.

And, no, a travel allowance usually is paid as a bonus & not deducted from your pay. However, most companies do factor in this lump sum payment that will be made to you when they extend an hourly rate offer to you.

rjflyn, ASN, RN · Oct 25, 2008

Most pay a travel reimbursement. Some pay a lump some, some by mile up to a maximum amount.

But there may be the odd company that will increase your hourly rate by 25 cents -$1.00 hr. So while technically you are not getting a reimbursement, you are its just being payed over the life of the contract not all at once. You should have asked before they sent the contract. Now its something you might have to negotiate.

Flightline, BSN, RN · Oct 25, 2008

If you haven't signed the contract, you're not bound. It's like the other poster said, you've merely started the negotiation. Keep in mind there are many travel companies out there. My travel company did me right most of the time. But for instance, my last contract got terminated due to an argument I had with another nurse. My company agreed that I was in the right, but then wouldn't pay my travel back home because the contract wasn't finished. I haven't travelled with them since, and won't. Even though they wanted me to go right out on another contract, even though they said I was in the right, even though the assignment was an absolute hell, and even though they paid me everything else I was owed, and maybe even money they could have technically withheld, it's the thought that they wouldn't pay my travel home that irked me--symbolically, I suppose.

Having said that, it's all in the numbers. Maybe I was getting paid less per hour and getting travel money and you would be getting paid more per hour and covering your own travel costs.

It's all in the math. If it figures out the way you want it, do it. If the contract and assignment give you second thoughts, go with another company.

rjflyn, ASN, RN · Oct 25, 2008

It also may depend on the states interpretation of contract law. . Depending on the state and what was said during any phone calls you may have a verbal contract. Since I wasn't there I cant answer that. I know the company I worked for taped calls, informed you that they were doing it when it reached the point of discussing/agreeing to contract terms. They also read a disclaimer that stated by agreeing I was entering in to a legally binding contract. This company was California based.

So did the OP make a verbal agreement or a verbal contract?

Rj

loricatus · Oct 25, 2008

It also may depend on the states interpretation of contract law. . Depending on the state and what was said during any phone calls you may have a verbal contract. Since I wasn't there I cant answer that. I know the company I worked for taped calls, informed you that they were doing it when it reached the point of discussing/agreeing to contract terms. They also read a disclaimer that stated by agreeing I was entering in to a legally binding contract. This company was California based.
So did the OP make a verbal agreement or a verbal contract?
Rj

Unless ALL the terms and conditions for both parties were spelled out during the phone call and EXACTLY matched what was in the written contract, you did not have a binding verbal contract if you verbally agreed to it. Contract law is pretty much uniform in all states, in regards to the basics of what constitutes a legally binding contract. Companies are known to say whatever they can to intimidate someone into believing a falsity.

The OP was describing the standard way a travel assignment is presented. It is understood (something legally referred to as common knowledge) that the verbal acceptance of a travel position is contingent upon mutual consideration as to be detailed in the written contract. It is a rare company that will include ALL the fine print in the initial stages of the process; and, most travel contracts include a third party (which complicates the dynamics of the legalities of enforcement).

BTW, I, at least, am very familiar with contract law (have studied it and utilized my studies) and would not have advised the OP on facts unless I was certain that my statements were correct; otherwise, I would have just said that it was my opinion.

gonzo1, ASN, RN · Oct 25, 2008

Loricatus is very knowledgeabe on contract issues and has helped me with some of mine.

Travel companies try to scare people into taking bad contracts using the "verbal agreement" story. They did it to me before I knew the above poster.

Don't be forced into a contract you don't feel comfortable with.

This is a tactic they use a lot with first time travelers. They make more money off of you, and you make less.

Your travel should not be taken from your pay. That is rediculous.

loricatus · Oct 25, 2008

Loricatus is very knowledgeabe on contract issues and has helped me with some of mine.
Travel companies try to scare people into taking bad contracts using the "verbal agreement" story. They did it to me before I knew the above poster.
Don't be forced into a contract you don't feel comfortable with.
This is a tactic they use a lot with first time travelers. They make more money off of you, and you make less.
Your travel should not be taken from your pay. That is rediculous.

:icon_hug: Awww, you are so sweet. Owe you some cheesecake*wine

cvssc · Oct 25, 2008

I took a position once (verbally). Could not contact my recruiter. Called and told them I would not work for them if I could not contact anyone. I told them I would go with another agency. They upped my housing stipend considerably. You could tell them you prefer to work with someone who does pay. See what happens.