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Bohuntr

How to bail out on an employment contract

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Our company suddenly presented the mid-levels with new contracts that "must be signed immediately."  We are an urgent care and were having mid-levels work the same hours as MD's, 9-9, 13 days a month with 3 on call.  Now that we are going to extended hours, if you want to keep you job, they are shoving a 8 hour a day contract down your throat, 7am-3pm, 3pm-11pm or 1pm-9pm at the clinics that are not extended hours.  They are also requiring two days of on call duty, unpaid, on two of your days off a month, making you work or be ready to work 22 out of 30 days a month.  Obviously the CEO was devoid of a thought process when he thought this one up...

 

This screws mid livels over big time.  Those of us with second jobs will have to quit, we have no overtime available since we are now going to have to work 40 hours a week, and they aren't raising our pay with the increased days, though not necessarily hours.  They also want a 90 day notice if you are going to quit.

 

I know one of my colleagues has already sought out an attorney, and I have told several others to ask for a letter completely dissolving their pre-existing employment contract before they will sign a new one.  This gives them have the option of telling the company that they have changed their mind and decided not to sign the new contract, and with the letter dissolving their previous contract in hand, the do not compete clause and advance notice are no longer required.

 

Has anyone else been sodomized like this?  This was one of the better employers in Austin, now it's going to go down the tubes because nobody will want to stay with these hours, MDs included.  As one MD stated before he recently left, "we feel like we are being held hostage here in a tight labor market!"

 

Bohuntr

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I agree with the advice you've been giving to "lawyer up", but I think your approach is sound: If they want to modify the contract, the whole thing is up for negotiation, and if they want to void your prior contract, the prior contract is entirely void.  NEVER be rushed into signing something, and good job for not.

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If the new contract supersedes the old contract - then, if you don't sign the new one - you don't have a contract and are free to do as you please. That's my take anyway.

 

I love it when folks who don't do the job or know the job decide how someone else can handle it…… brilliance.

 

Sorry to hear that the world and ways of corporate medicine have found and attacked you.

 

I bailed on corporate medicine a few months ago and do not regret it at all.

 

Hope things go well for you!

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Just tell them you don't want to sign the new contract and will finish out your employment based on the current terms.

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if your old contract was at will, of just month to month they can require you to sign a new one

 

BUT they can't do this if ALL the PA say they will not sign it...

 

time to join together and stand as one!!

 

and brush up that CV and ask for written letters of Rec now....

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Unfortunately, joining up is not an option.  We have 4 brand new grads and this is their first job.  Even they signed contracts a month ago and are being asked to sign new ones now, they are signing them just to keep their jobs.  I cannot blame them for that.

 

It's all the experienced people that are leaving.  One of them interviewed at a new Urgent Care this weekend and was told by the doctor that he is sure getting a lot of applications from our company!  All the experienced providers are signing and looking to leave, and most agree with me, the 90 day notice is garbage and most of us will just ignore it.  Our previous work histories and the way the change happened will easily be overlooked by any new employer.  Most of us have decided to give two weeks notice which we believe is more than fair considering the way the contract was shoved down our throats. 

 

I see it as similar to a do not compete clause; as a PA, we don't really bring patients from an urgent care, and there is a clause called "restraint of trade" which will override do not competes in Texas.  If we were leaving and bringing 1,000 patients with us, yes it would be enforceable, it would also be enforceable if we were TV or radio talk show hosts moving in the same market, but going to another urgent care in a city of 1 million?  Not going to happen.  If I'm right, the last time someone tried to stop a PA from working under a do not compete in Texas, it went to the medical board, not a civil court.  The Texas Medical Board is a joke, they hand out huge fines for any minor issue (so they can justify their existance) and only meet 3-4 times a year to approve licenses.  I'm not too worried about them, I think a decision on do not compete is over their pay grade.

 

Thank you for all your input.  It was nice to see that this came from senior members on the site and Moderators.  I know that new hires are often scared of losing their jobs and let employers bully them around; I've been around long enough to bully back or make a decision to leave.  There are always locums available until I can find a new perm.

 

Much appreciate the input Amigos!

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 We have 4 brand new grads and this is their first job.  Even they signed contracts a month ago and are being asked to sign new ones now, they are signing them just to keep their jobs.  I cannot blame them for that.

 

Collective bargaining can still work, unless they think they will thrive on the back of 4 new graduates.

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Unfortunately, joining up is not an option.  We have 4 brand new grads and this is their first job.  Even they signed contracts a month ago and are being asked to sign new ones now, they are signing them just to keep their jobs.  I cannot blame them for that.

See what I mean about new grads coming out of school not prepared for the real world of business?  Sheesh.

 

Anyone, ANYONE should know that the faster they rush you to look at ANYTHING you need to sign, the more review it should get.

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