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March 24, 2008

Employment Contracts: Beware!

I am seeing some very one-sided and unfair employment contracts here lately. These are downright ugly agreements. I think the majority of nurses sign the contracts without retaining an attorney to review the Contract.

In one case, a former employer is actually suing the nurse in civil court for breach of contract.

Think about it for a minute. Employment contracts are usually written by the facility's attorney with the facility's best interest in mind. I like employment contracts for nurses as a tool. However if a contract is so one-sided where only the employer has real benefits, then you may fare better working as at-will employee than being tied to a contract.

DO NOT sign an employment contract without having your attorney review it first. You can and may be sued for breach of contract for not performing in accordance with the contract.

For example, see:

http://seattletimes.nwsource.com/html/businesstechnology/2004299735_jobsnursing23.html

According to the article:

Interns are hired as hospital employees, but they are also required to attend lectures, lab sessions and work with preceptors. Upon completion of the program, Reese said, they will have a job even if there is not a posted opening at the hospital. Southwest estimates that each intern receives $50,000 worth of training. In return, interns are expected to make a two-year commitment to the hospital after the training is complete.

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$50,000 worth of training in exchange for a two year commitment. I am sure there is a contract or formalized agreement drafted by the Hospital's legal counsel or in-house attorney involved.

Be your own risk manager and have an attorney review ANY document or contract involving your nursing license and your employability as a nurse before you sign it.

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