HELP! Can a hosiptal cancel your contract after you have signed??

Specialties Travel

Published

Hi guys!

My question is about contracts being canceled. I have gotten myself into a horrible position!! I left my job to start traveling and I had an assignment that was suppose to start 1/9/09....well on 12/31/08 they called and told me that it was canceled due to 'low census'. I was soo upset and had no idea what to do.

A week later I got a call from my recruiter saying the hospital would like to offer you the same position again because census has gone up. I was thrilled but still skeptical. Well I am suppose to start 1/23/09 and I signed my contract last week on 1/8/09 and today(1/13/08) I got a call saying that it was being canceled. Except this time they are saying it is because the nurse manager called me and I told them I wasnt interested in taking the position anymore (HOWEVER, I NEVER RECIEVED A CALL FROM THE NURSE MANAGER...EVER!!). So, basically I know I am being screwed around with.

So, my real question is...what is the point to signing a contract if it can be canceled at any time?

Jolie, BSN

6,375 Posts

Specializes in Maternal - Child Health.

Did you read the contract prior to signing it, or have it reviewed by an attorney?

On what grounds may the contract be broken by the hospital? The nurse? What compensation must be paid to the other party?

I wouldn't sign any contract without knowing this information.

MtGypsy, ADN

30 Posts

Specializes in Physical Rehabilitation.

Its a scarey world out there now. Since when does a contract not stand for anything? I know alot of the hospitals are in serious financial shape, but one would think a contract is a legally binding document. Is there some kinda unwritten law that says it doesn't start until the start date?

neurorn6

223 Posts

Specializes in ER, ICU, Neuro, Ortho, Med/Surg, Travele.

Something doesn't sound quite right. Yes a hospital can cancel your contract but they have to have the reasons spelled out for cancellation in your contract. Things are tight currently, and we are all struggling. I would start by talking with our recruiter and ask so hard questions. Don't let this get you down. You might have to be more flexible, but you can do it.

KateSICURN

7 Posts

There was nothing in the contract stating anything about cancelation. SInce this is my first experience in the travel nursing world, yes I am pretty naive so I did not ensure that was specified(something I will now always do in the future). I am just wondering if there are any legal repurcutions that the hospital is liable for. I would appreciate any insight on this. Thanks you everyone!!!

neurorn6

223 Posts

Specializes in ER, ICU, Neuro, Ortho, Med/Surg, Travele.

Unfortunately, if it's not in the contract then I doubt if there is anything you can do. We have all had at least one experience that we wish we could do over. Chalk if up to the learning curve and move on. You won't make the same mistake twice. With you next contract, make sure everything is in writing and don't sign it unless it is.

Good luck

Guest279293

21 Posts

Unfortunately most contracts state you are "at will" to the hospital and they can cancel the contract "at will" however, you can not cancel your end of the contract "at will" the agency will seek legal action against you usually most contracts are biased the hospital can send you packing at anytime but if you do not like the hospital too bad you have a contract to fulfill.

Specializes in Oncology/Haemetology/HIV.

I know of at least one hospital that cancelled the contracts of ALL the travelers in a facility at one time (60 some odd travelers). I was 4 weeks from finishing mine so I finished it out, but others were given only 2 weeks notice.

And no, in most cases, there is no recourse unless written in the contract.

KateSICURN

7 Posts

oh wow. Well yesturday I just took another position in northern california so I am alittle relieved. I start jan 26th :-)

bagladyrn, RN

2,286 Posts

Specializes in OB.

Contracts are pretty one sided and as said above "at will" from the hospitals end. Agencies are unlikely to challenge the hospitals as they want to continue working with them.

On my current contract, my contract was cancelled halfway through, then the cancellation was cancelled! (Thanks to a couple of wonderful charge nurses who went to bat for me!) Needless to say, it's been stressful. I did go to the director when this came up and asked her to notify my company that the cancellation was for budgetary reasons and not though any error of mine, which she was willing to do.

LadyNASDAQ

317 Posts

Specializes in ICU's,TELE,MED- SURG.

I have been in orientation since last week in Orlando and both another RN and I were cancelled. Both of us have been Nurses 30 years and there are just no guarantees that an assignment will be honored.

So what to do???? Well, I had an awesome opportunity to work local agency and it's busy in my area for more money and I can self-schedule. To me that's heaven but here's the silver lining... I get to go on COBRA. That means that in a year and a half I can decide what I want to do until then. I can work local agency, actually have a life, take better care of myself and not feel that I can be cancelled off an assignment at anytime. I'm also registered with a second local agency so I should do just fine. Travel is having issues right now and as my new friend puts it, they're afraid that they will have to pay us our bonus money at the end of the contract. That's the sad part so wherever possible, ask that the $$$ be in your base rate and never at the end of a contract because you may never see that money.

rolland542

56 Posts

Hi guys!

My question is about contracts being canceled. I have gotten myself into a horrible position!! I left my job to start traveling and I had an assignment that was suppose to start 1/9/09....well on 12/31/08 they called and told me that it was canceled due to 'low census'. I was soo upset and had no idea what to do.

A week later I got a call from my recruiter saying the hospital would like to offer you the same position again because census has gone up. I was thrilled but still skeptical. Well I am suppose to start 1/23/09 and I signed my contract last week on 1/8/09 and today(1/13/08) I got a call saying that it was being canceled. Except this time they are saying it is because the nurse manager called me and I told them I wasnt interested in taking the position anymore (HOWEVER, I NEVER RECIEVED A CALL FROM THE NURSE MANAGER...EVER!!). So, basically I know I am being screwed around with.

So, my real question is...what is the point to signing a contract if it can be canceled at any time?

A contract is almost always determined by the State in which you live. First of all, if you live in an at will state, no reason must be given for canceling the contract even after the start date.

If the contract has a provision in it for no fault dismissal - meaning you were not at fault - and your contract was already in effect (after your start date),the the hospital or facility would be responsible financially for this clause. Sadly, most contracts for travel nursing do not have this in there for your protection - although your contractor is normally protected.

Most contracts will have a provision for notice once the contract is started. Always review the contract carefully - make a copy and highlight portions you need clarified prior to signing - so you know where you stand.

Most attorneys do not charge alot to review a simple contract and advise you of the contents.

+ Add a Comment