What makes a nursing contract binding & official?

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I was hired at my mother's work through connections as a RN. It is a subacute/rehab facility. During the "interview", I was not asked any nursing interview questions and was told about what the Director of Nursing was looking for, how she feels about hiring new grads, how new grads leave after a few months costing her time & investment, the recent creation of a nursing contract this January, her anecdote of how much she paid to breech her contract, and to sign the contract and the rest of the papers. I was not told what the penalty would be if I broke it, nor does it say what the penalty is on the contract.

All the contract says is: "[Header: the institution name, motto] [Title] CONTRACT AGREEMENT [body] I, [KitKat, RN], agree to sign up for a two-year contract with the [institution] as a Full-time Registred Nurse. [New body] This letter will serve as a binding agreement that I fully understand that I will be an employee at the "institution" for at least 2 years, unless I am subject for termination. [My signature] [DON's signature] [bLANK administrator signature because no person was present] and a [bLANK witness signature because there was no witness present either]"

I am displeased because I do not feel I was given quality training during my orientation. Also, out of my 3 weeks of orientation I was told during the interview that I will only be paid for 5 days, so the rest of orientation for up to 1 month of orientation there is no pay. The DON asked for personal recommendations of other RNs I know, so I recommended my classmate who is about in her mid-50s and she discriminated her age and told me not to recommend "people older than [her]" because she might not be able to do all the kinds of work needed in this facility.

As each day passes that I work here, I begin to feel more and more disloyal to this company. I wish that I did not feel intimidated to sign the contract, and wished that I asked questions to clarify all the details of this contract. I've never been in such a predicament before or known someone who has been. I was also told by a friend that a contract should be notarized and that at the signing of a contract, I should be given "adequate consideration" providing the prospective employee with something of adequate value in order for the contract to be enforced e.g. specialized training or a bonus, but I was not given anything. This is a subacute/rehab facility that does not provide any special training in a critical or special unit which I think are usually found in hospitals.

I was accepted into a bachelors of nursing program and I believe that I will be able to be considered for hospitals and do not plan of staying here for 2 years, but to gain experience for at most 1 year. I would like to find out if this contract is defunct which will allow me to leave whenever I please without having to pay out a "breech of contract" penalty fee.

Please kindly advise, thank you for your time.

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Specializes in Med/Surg, Ortho, ASC.

You need to contact an attorney to evaluate your current position/obligation. We cannot begin to address the issues that exist in your current position.

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You need to contact an attorney to evaluate your current position/obligation. We cannot begin to address the issues that exist in your current position.

Alrighty, I didn't realize how complex this situation is. I appreciate your time roser13, thank you.

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I can see why they have a problem with turnover in staff. I cannot understand how the DON gets away with staff being required to attend one month of unpaid orientation. Speak to a lawyer, ask if the facility is in violation of any labour laws and show him that 'contract'. since it doesn't have terms and conditions, what can legally be enforced?

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I cannot understand how the DON gets away with staff being required to attend one month of unpaid orientation. Speak to a lawyer, ask if the facility is in violation of any labour laws and show him that 'contract'.

I've asked many of the nurses there and a staff member about the 5 days only pay for orientation, and the nurses say it's the same with them and the schedule maker claims that they don't have funding as hospitals that pay the full orientation period e.g. up to 6 weeks, depending on the hospital. But thank you dishes for your input, as well, having 2 opinions to consult with a lawyer I will make sure to follow through.

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Specializes in LTC, med/surg, hospice.

I would consult a lawyer. Did you not talk with your mother or anyone before signing something?

I hope you have a copy of everything you signed. Not paying for orientation is unacceptable to me.

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I have heard of new grads signing contracts to stay at a facility for x amount of time to help offset the cost of orientation and training. Everyone I know who signed such a contract knew exactly what they would owe should said contract be broken and under what terms either party could terminate the contract.

What I have never heard of is not being paid for orientation. I've heard of facilities paying an "orientation rate" until an employee completes a probationary period or classes. I've heard of interviewees "job shadowing" for a day or two without pay (but with no expectation of actual hands on work).

Your situation is certainly complex and I also believe the only one who can advise you is an attorney. I'd be very curious to know whether orientation without pay is something that is really allowed in your area. I've never heard of such a thing but your facility appears to think there is some loophole to allow this. Good luck!

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Did you not talk with your mother or anyone before signing something? I hope you have a copy of everything you signed. Not paying for orientation is unacceptable to me.

I never knew anything about how to conduct myself during interviews & contracts, but just answer interview questions.. this is my first ever professional interview, and I did not realize that I did could tell the DON that I would think first before signing the contract.

And I do have a copy of the contract & the papers I signed that day, but 2 weeks later I signed policies of the institution & reception of the employee handbook but I didn't think of requesting a copy of those papers I signed that day.

The interesting thing is that I signed my contract on April 23, 2015.. started orientation on April 24, 2015.. and when I came to finish the rest of the papers they told me to put Date of Hire as May 7, 2015... 13 days after I actually started orientation.

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Specializes in M/S, LTC, Corrections, PDN & drug rehab.

I wouldn't have signed any contract like that. I would understand that contract if you have a sign on bonus or tuition assistance but that is ridiculous!

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What I have never heard of is not being paid for orientation. I've heard of facilities paying an "orientation rate" until an employee completes a probationary period or classes. I've heard of interviewees "job shadowing" for a day or two without pay (but with no expectation of actual hands on work).

I was told during interview with the DON that I will be employed as full time $27/hr with benefits. All the DON asked is if I could start orientation the next day and that I will get orientation for a maximum period of 1 month, but will only get paid for 5 days. I was actually "oriented" for 3 weeks from April 24 to May 12, but will only get paid for the last 5 days. My date of hire on the W2 and the other papers is May 7th instead of April 24.

I don't think that facilities around my area do this thing normally... magnet hospitals (although my facility is a subacute/rehab facility which doesn't have as much funding) pay new hires during their entire orientation, even with my friend who had her full 6 weeks orientation paid at her hospital.

Thank you for your views. I really appreciate everyone's input. This gives me more fuel to take some action.

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Specializes in M/S, LTC, Corrections, PDN & drug rehab.

I hope you get things worked out. I don't think they can legally have you working without paying you, orientation or not. I wouldn't work/orientate & not get paid.

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Specializes in Leadership, Psych, HomeCare, Amb. Care.

Definitely contact an employment lawyer regarding the contract.

and a complaint to the DOL is in order. If employees are required to attend the days of orientation, they must be paid for the time worked.

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