I am a nurse in California. I was employed by a company in California. I was asked to sign a contract guarenteeing me full time employment for 2 years, in return for moving expenses reimbursement. During my first year of employment, I was not given the opportunity to work full time. I was only given a percentage of my promised hours. I discussed this with management, and nothing was done to fix the problem. After my 1st year, I was forced to leave due to financial strain from lack of hours. I am now receiving notices from a Collection agency threatening litigation if I dont pay back the employment contract. Help!
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Consumer Law, Warranties Nursing Contract Dispute
- Thread Starter LLWaves
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presutin
Moderator
Once you are in a contract, you cannot just walk away because the terms of the contract are not being delivered. What you should have done was talk to management about what was contracted and how it had materialized when you added up the hours in the year you had been working. If you were required to fulfill the contract terms to avoid having to reimburse back the company for the moving expenses, you should have also negotiated with them this issue before leaving the company. Unfortunately, all you can do now is to either negotiate with the collections company the amount or end up in litigation if you cannot agree on what to pay.
Thanks for your help! Wouldn't the contract be broken by the company? I did discuss with management the fact I was in a contract and that I needed to have full time employment as promised, several times. However, nothing was accomplished. So, technically, they could give me a day a week, and still hold me to the contract? Help!
presutin
Moderator
You are correct. Go over your contract and see if they expressly stated that you would have been guaranteed a minimum amount of hours. If that is the case, you have a shot. Check also your contract to see what specifically is said about rescision and penalties.
Thanks again for your help! I reviewed the "contract", and it does specify I would be scheduled 80 hours per pay period. Also, the collection agency sent me 2 different "contracts" both stating I was allowed different numbers of reimbursement, however neither have my signature or anyone elses. They both are dated the same day. It states," The Medical Center has a legitimate concern that if you were to voluntarily leave our employment to seek other employment or reduce your scheduled hours, the Medical Center would not receive the full benefit from this payment. So, I would agree by signing, I would pay 100% if left within the year, or 50% within 2 years. It also states, "my employment will be voluntarily entered into and I am free to resign at any time, similarily, the Medical Center is free to conclude your employment relationship where it believes it is in the organizations best interests at any time. It should accordingly be recognized that neither you, nor we, will be entering into any contract of employment, express or implied. Our relationship will always be one of voluntary employment "at will." Like I said, I have two different copies, dated the same day, with no signatures on either. Help!
presutin
Moderator
So, you didn't sign any copies, period? That can open a door for you! Here is what I suggest. Consult with an attorney so s/he can review both contracts and determine if the contract(s) is/are enforceable or not. The sticky issue here is the even though you didn't sign the contract(s), you took the job, were physically there when scheduled and accepted the moving expenses refund. See what happens after the consultation. Hope this helps!
I wanted to update you about the above situation. I haven't heard anything from any attorney on the collection agencies side. I did file a complaint of harrassment by the collection agency to the BBB in June, and just heard a reply from the collection agency. They are now calling it a verbal agreement, just like you said. How often does that stuff hold up in court? I haven't discussed with an attorney yet, was waiting to see what happened first. Any idea?
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