going on a year no contract

[quirkymedic]

Question for you all,

 

I am at almost a year without a current contract, 3 years without a raise.  I have asked repeatedly for a new contract and have been ignored.  I have recently obtained a new position at a different hospital.  My contract states that I need to give a 120 day notice.  My new job wants me to start in 90 days.  what is my obligation to my employer?  I will give at least 90 days.  Thoughts?

[KMD16]

You meant that your old contract which has expired requires that you give 120 days notice? If this same contract is what you're talking about that has expired then you have no obligation legally. You can give your current employer 30 days or 60 days if you're kind.

[UGoLong]

Time to go. Your old contract is void and your present employer has not been receptive to your requests. Be nice, give them as much time as you can - you are a professional - and move on to what we hope is a better position for you at this point in your career.

 

 

 

Sent from my iPad using Tapatalk

[ventana]

^^^^

Above reply is wrong - you do still have a contract in place - but it is not a signed contract -

 

2 seperate possibles -

1-your signed contract has a clause that says it continues in effect even after the dates

2-there is no such clause, but the courts look at this and state that you are acting under the guise of the contract - getting paid, vacation bennies, and the like and therefore there is a contract in place.

 

 

 

In either event - (and I am going on 2 years with no updated contract) the overriding issue is leaving in a professional manor.

I would sit down and talk to HR and explain your situation, explain that you are exceptionally disappointed to have had no review or raise in 3 years when the average physician pay has gone up >43% in the the past 6 years, explain that you will honer the old written contract because you are a professionally and at the same time request a positive reference from current supervisors or employers.

You could negotiate a short time to remain there - but be carefull as it might change you from a YES we would rehire you - to a NO we would not rehire you. Sometimes this is all a large corp will state as a reference.

 

 

 

In any event - push for annual reviews in the future

 

I honestly think there should be a mandatory review - or they give you a 5% raise automatically if they do not provide this.....

 

 

 

 

Also - and this is HUGE - make sure you are not signing a contract with a MANDATORY ARBITRATION CLAUSE - many employers are working this into contracts - and we should refuse to sign them -- they only benefit the3 employer

[quirkymedic]

Thank you so much for your help. I had glowing annual reviews both last year and about 2 months ago. My SP has been pushing for my raise as well and he's in administration. No luck. I just get the generic "we're reviewing everyone's pay and we will get back to you". I bring in twice as many RVUs as the others because I do in office procedures as well. The other surgical PAs got a significant raise in November but I moved to a mixed surgical /clinic practice and I'm kind of forgotten about.

I would like to give as much notice as I can. I don't want to burn any bridges and I love my docs. But my new position is paying $40,000/year more along with significant benefits and I do not want to jeopardize that.

 

I definitely will pull my contract to see how it's written. Is it in poor form to take my 4 weeks of vacation during my notice? I lose it otherwise.

[ventana]

Thank you so much for your help. I had glowing annual reviews both last year and about 2 months ago. My SP has been pushing for my raise as well and he's in administration. No luck. I just get the generic "we're reviewing everyone's pay and we will get back to you". I bring in twice as many RVUs as the others because I do in office procedures as well. The other surgical PAs got a significant raise in November but I moved to a mixed surgical /clinic practice and I'm kind of forgotten about.

I would like to give as much notice as I can. I don't want to burn any bridges and I love my docs. But my new position is paying $40,000/year more along with significant benefits and I do not want to jeopardize that.

 

I definitely will pull my contract to see how it's written. Is it in poor form to take my 4 weeks of vacation during my notice? I lose it otherwise.

 

 

with a 120 day notice, I would think it is fine to do vacation - but I would put in for it before giving notice

 

BUT

 

Vacation is considered an "earned benefit" and by LAW they have to pay it out at your time of separation

 

If you like it there - (and you can only do this once)  bring your current offer to them - state professionally that you have been very patient with requesting a raise, but you have found another position and unless they want to beat the offer you have you are leaving..... sometimes it takes using a sledge hammer.....

[camoman1234]

with a 120 day notice, I would think it is fine to do vacation - but I would put in for it before giving notice

 

BUT

 

Vacation is considered an "earned benefit" and by LAW they have to pay it out at your time of separation

 

If you like it there - (and you can only do this once)  bring your current offer to them - state professionally that you have been very patient with requesting a raise, but you have found another position and unless they want to beat the offer you have you are leaving..... sometimes it takes using a sledge hammer.....

That is not true. My past position was at a major corp. hospital and their policy was: For all employee's (which PAs and NPs were considered employee's and we did NOT sign contracts) you have to work with them for 3 years before you are paid out your vacation. Also, the laws vary by state. 

[BruceBanner]

 

Vacation is considered an "earned benefit" and by LAW they have to pay it out at your time of separation

 

 

Yep. They have to pay this out to you.

 

Id check your contract and give no more than 60 days. Screw them. They'd let you go on the spot if they had to...the contract is there mostly to protect their interests and workflow.

[quirkymedic]

Technically my vacation is PTO. I'm not sure if that's how they get around paying me for it. If I don't use it by the end of the year I lose it, so I'm basing it off of that.. I'm in Washington.

[BruceBanner]

Technically my vacation is PTO. I'm not sure if that's how they get around paying me for it. If I don't use it by the end of the year I lose it, so I'm basing it off of that.. I'm in Washington.

 

So most PTO does not 'roll over' but it is considered earned wages and by law they must pay out what you have currently accrued. It could vary by state, however.

[ventana]

if it is termed VACATION

then they HAVE TO pay it out to you if the state law says so (just educated myself on this and it appears bout 50% of the states have this law)

 

if it is PTO and other classifications - I am unsure - but probably not

 

 

in either event sign up for it BEFORE you resign.... yup you are playing the system little bit, but so be it....

[quirkymedic]

Just looked up the state PTO law. Apparently since it is a voluntary benefit, they do not have to pay it out. But if you request PTO and it is approved, they have to pay it. So.. yeah. Going to request that today. I just want to leave on good terms.

[south]

bring your current offer to them - state professionally that you have been very patient with requesting a raise, but you have found another position and unless they want to beat the offer you have you are leaving..... sometimes it takes using a sledge hammer.....

 

Zactly.  I could be wrong, this happens a lot, but you sound like an employee most places would love to have.  I wouldn't be surprised if walls come down as a result of this notification.  

 

Team 60 days.  Not sure about the vacation thing.

[Guest ral]

Nobody has brought this up:

How firm is the new employer on the 90 day start? I would think that if you approached them with, "Upon reviewing my contract, I have to give 120 days notice at my current position. Can you work with that?"

One would think if they can wait 90 days, 120 really isn't a huge jump. Alternatively, if they insist on the start date, ask if they will buy out the remaining 30 days of your contract.

[UGoLong]

I am not a lawyer and I have not read your contract. I don't know how non-competes for "unsigned contracts" work in your area. I don't know how hard systems in your area go after PAs who are treated like you have been, give notice, and leave.

 

I do know that you have one life to live and that slavery in the US was outlawed in the 1860s.

 

Read your old contract and get legal advice if you'd like.

 

Then go live your life. It's the only one you've got.

 

Best wishes!

[sas5814]

Laws vary from state to state but generally vacation time is money and sick time is an insurance policy and has no cash value. Many places/most places have changed to PTO because it is exempt from payout. 

120 days notice? That is insane. Generally licensed people give 30 days as opposed to 2 weeks for non licensed. If they were down sizing you would they give you 120 days? I suspect not.

[Katera]

What state was this in?  That makes a huge difference.

[quirkymedic]

I live in Washington. I looked up my contract yesterday. It specifically states an expiration date and that it needs to be renewed in writing prior to expiration. I'm going to request my pto time then once it's approved I will put in my notice. I don't want to burn any bridges but I am moving out of state and need to enroll my kid in school prior to the start of the school year. She is special needs and finding a good adult age class is difficult on a good day.

[CAAdmission]

I'll bet they will be wishing they treated you better. This will be a good lesson for them on how to treat employees going forward.

[ventana]

I'll bet they will be wishing they treated you better. This will be a good lesson for them on how to treat employees going forward.

 

 

sometimes they just never learn though......

[quirkymedic]

Very true. I just cannot take being blown off by administration again. If they don't see me as a member of the team, and just take a little time to listen to me, show me that I'm appreciated, then I don't want to work in a place like that. Hopefully this new job will be better. I've heard great things, so we'll see.