Verbal Contract Valid????

suzanne4, RN · Mar 31, 2005

It depends on your agency.............if it was a first contract, then a verbal is not sufficient to make a contract stick, however, this was an extnesion, and the company has probably paid for one months rent for you, etc. When was your extension going to begin?

I would check with an attorney if you want, but you will probably be paying more in legal fees..............

beesnest · Mar 31, 2005

If you agree, or admit that you and the recruiter had a verbal agreement that you would stay then it is legal and binding. However, if you differ on what was agreed on it is not. I agree with the previous poster that the legal fees may be more than the actual rent.

...per Judge Judy

Lawnurse · Mar 31, 2005

Verbal contracts are usually enforceable. I work in a law firm and I only have a verbal contract. The logic is that your agency relied on your verbal agreement.

You need a lawyer if you are going to get out of it - or a lawyer might be able to find a provision wherein your son's circumstances void the contract.

Keep in mind, your post here is "discoverable," which in the legal sense means your opponent has a right to it - and to use it (against you).

Contract law is all about how much either party relied on the contract.

Lawnurse · Mar 31, 2005

addendum:

your son's injury might be some kind of extenuating circumstances (I'm mean in the legal sense -- obivously an eye injury in extenuating circumstances.)

RRN · Mar 31, 2005

I am a travel nurse who has finished a 13 week contract. About 3 weeks ago I told my recruiter that I would take another 13 weeks at the same facility. No contract was signed. One week before my contract was up my son had a severe eye injury requiring surgery. I completed my assignment. I informed my recruiter that I was not going to do another 13 week assignment. She informed me that they are going to charge me (out of my last check) for one months rent. As I said I did not sign a contract with this company. She said they needed a 30 day notice and that she had a verbal agreement with me. Does anyone how the legalities of this matter? The money that will be taken from my check would have gone towards medical bills. Any help will be appreciated. Thanks in advance.

Unless your phone conversations were taped, which BTW is illegal in most areas without your consent, the company doesn't have a leg to stand on. It's your word against theirs.. Circumstances happen all the time. If verbal contracts were binding paper would never have been invented.

Lawnurse · Mar 31, 2005

Actually, this is patently false. I know it is somewhat offensive to "pull rank," but I don't want bise75 to be mislead. I am about to graduate from law school and this topic was covered in the first year Contracts course.

Secondly, its not one party's word against the other when the person "denying" that the conversation took place admits it, in writing, on a public message board, that it took place.

Lastly, there ARE things that can void a contract. They vary by jurisdiction and are open to argument (which is the lawyers' undertaking).

RRN · Mar 31, 2005

Actually, this is patently false. I know it is somewhat offensive to "pull rank," but I don't want bise75 to be mislead. I am about to graduate from law school and this topic was covered in the first year Contracts course.
Secondly, its not one party's word against the other when the person "denying" that the conversation took place admits it, in writing, on a public message board, that it took place.
Lastly, there ARE things that can void a contract. They vary by jurisdiction and are open to argument (which is the lawyers' undertaking).

Do you know the OP and how do you know that the OP is the acutal poster??

Travel companies reputations are worth more than one contract.. Written contracts are broken all the time without recourse..

So how much more would a verbal one count for?

A travel company doesn't want to spend money on such frivilous matters either.. I'll bet my minor in Poly Sci they do nothing....

Lawnurse · Apr 1, 2005

"Written contracts are broken all the time without recourse..

So how much more would a verbal one count for?"

The point is that where a verbal contract is binding, verbal contracts are AS BINDING as a written contract.

Even if written contracts are broken all the time without recourse, the agency still has a right to PERSUE damages for a broken contract.

Going to court and arguing "but written contracts are broken all the time without recourse" is like saying "all the other kids' moms let them do it!"

Again, a lawyer could

1) examine your agency's policies and your state law to find a factor that voids the contract

2) argue unforseen circumstances make enforcement of the contract inequitable to you (courts HATE inequitable contracts)

or at the least, 3) negotiate for a lesser penalty given the unforseen circumstance.

Lastly, paper has many uses outside of the procurement of contracts.

HMtravelRN · Apr 16, 2005

Lawnurse, I concur.

ReefDragon · Apr 29, 2005

Verbal contracts are legally binding but you are forgetting one thing that gives you the upper hand......the services you are providing are in high demand. Your company knows that if you become unhappy with them that there are thousands of companies eager and willing to sign you up with them. Without yourself and other travelers like you, they have no job. Their salaries are dependent upon you and keeping you traveling with their company. If you speak with your recruiter....or a supervisor.....just let them know that you have a family medical emergency and cannot extend as you had hoped and need to take a very short break to resolve the matter. Be sure to tell them that once it is resolved, you plan to continue traveling and would enjoy traveling with their company again. Most companies will just "eat" the months rent to make you happy. Especially when they think you will travel with them once the matter is resolved. Whether you chose to travel with the company or not is a different story. They will usually do everything possible to appear "the good guys" and avoid bad publicity. Just look at this board....perfect example....one person says something bad about a company and people avoid that company like the plague.

nyck76 · May 1, 2005

I agree. I have known a many travelers that some emergency comes up and they have to break their contract while in it. You just can't renew, at least you finished your contract. And this company sounds kinda shady and unorganized. They expect you to keep a verbal agreement for a contract you haven't even seen. That's shady. I worked for this one company before and I was going to resign and VERBALLY said I would, then they sent the contract and the pay rate was a dollar less and hour than the current contract I was on. I told them no since when I verbal took this contract I was not told the rate would decrease. Then another place I was going to extend but my grandma got sick so I didn't extend. I think Reed has the best idea on here so far, just explain to them the situation and that you will consider coming back after this crisis is over.