I was contacted by another nurse who is being sued for breach of contract by a former nursing employer.
This is the 2nd or 3rd time this year I have been contacted this year by a nurse being sued by a former employer for breach of contract related to an employment agreement.
Just a few thoughts:
1. Each of the nurses who contacted me DID NOT have professional liability insurance. Guess what, you are responsible for the costs and fees related to your legal defense and its costs money to retain an attorney. Are you seriously going to try to represent, counsel, and advise yourself in a civil matter where a preliminary injunction has been filed, the case will be arbitrated pursuant to the employment agreement by the American Arbitration Association, etc?
2. You should not sign an employment agreement without having it reviewed by your own attorney first. Let me rephrase this, Why would you sign an employment agreement without having it reviewed by an attorney first?
Guess what, it costs money to have an attorney review a contract. Some attorney will charge you a flat fee to review an employment contract and meet with you to discuss your options and the terms and conditions in the contract. Don't just go off "willy nilly" and sign an employment agreement thinking that the chances of your employer or former employer suing you are miniscule. No sir re Bob!
3. If you receive correspondence from a former employer's attorney, don't blow it off. Schedule a consultation with an attorney to discuss your options. Guess what, it costs money to have an attorney consult with you. Some attorneys charge a flat fee consultations.
4. You really place yourself at a disadvantage when you don't have your own professional liability insurance and you are named as defendant or a complaint is filed against your license unless you can afford to retain an attorney "out of pocket."
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