NFT Resignation/Contract/Fair Labor Laws

BaLLiN · 05-25-2023, 04:06 AM

I work in the medical field as a physician assistant, specifically in an emergency room. The job, role, and tasks I am assigned are purposely vague on my contract and when asking for direction from supervisors they do not make definitions as there are differences of skill level, but also to not be dinged for obvious liability and safety purposes.

The job I was hired to do is not the one I complete, but now due to an expansion of residents and their hours I am less necessary in the role I was hired for and they are attempting to move me to a different hospital with a role I did not have interest in as a partly inpatient provider. This role I requested and was not granted training hours for and will be solo.

For these reasons, I am in the process of pursuing other jobs and have done three interviews at another hospital that I do expect an offer from. I want to get out of this situation as soon as possible, but there is a 90 day resignation notice. My contract terms were however a two-year term which will pass in 2 weeks with no indication for renewal.

Questions:
1. As the term is up, is a 90 day notice necessary--I was going to give 2 months (typical term for onboarding at a new job).

2. I do not believe it would be hard to prove that there are gross mismanagements as well as my role not being consistent with what I was hired for. I have screenshots of emails which seem to violate fair labor law (uncompensated training) as well as administrators disagreeing with how much I was asked to do (multiple employee roles). Would this also be reason enough to void the terms?

I appreciate any advise I could get, I suspect I will likely have to engage with an employment lawyer regarding this all but wasn't sure if will have to come to that.

Prock · 05-25-2023, 01:59 PM

Unless we have an employment lawyer on this board you won't get a good answer, but my gut says you would be fine. You have three options: (1) wing it and hope you're right, (2) spend hours coming thru your state's employment and labor code to find the right answer, or (3) find a lawyer to do that for you. I don't think it would take long for an expert in that field to give you the right answer, so shouldn't break your bank.

Fernando · 05-25-2023, 02:11 PM

Unless there's a penalty, or some incentive tying you to the contract, you can probably leave with the only repercussion being that you may be on a no re-hire list after.

Requirements for however many day notices are typically only a suggestion.

iowatreat · 05-25-2023, 04:48 PM

Definitely not a lawyer, but generally most states any "notice" period for leaving is not really enforceable. It would depend on your contract and what they may have compensated you for (school, moving) but I'm fairly certain for any time you worked or training you were paid for they can't claw back.

Usually that clause is in there to cover themselves and scare the employees from leaving, and the only real repercussion is you will get flagged on your file as not rehireable.

Brent · 05-25-2023, 11:24 PM

Quote:

Originally Posted by BaLLiN

Would this also be reason enough to void the terms?

no idea but this is great leverage

Fernando · 05-26-2023, 12:29 AM

Eh, that’s a nuclear option and I wouldn’t bring it up unless absolutely necessary. Being a shit stirrer makes you look horrible and it might not even assure you of the ending you’re looking for.

A gentleman’s ‘I quit’ should be more than enough, you’re likely just not going to keep any friends there for leaving without proper notice. If you don’t care about that just leave. Employment contracts are generally worthless and significantly more trouble to uphold than they’d ever let you know.

BaLLiN · 05-26-2023, 09:36 PM

I appreciate all of the advice. My manager requested me to call--probably so nothing was in writing--later discussing wanting me to come in on a day I was not scheduled to work in order to train as well as train during a regular shift while doing my normal tasks. Sent her an email afterward summarizing her requests which she hasn't responded to. I recognize not everyone is lucky enough to have work and am thankful that I do but this is a case of a straw that broke the camel's back.

05-25-2023, 04:06 AM	#1
BaLLiN Super Senior Member Join Date: May 2015 Posts: 1,595	NFT Resignation/Contract/Fair Labor Laws I work in the medical field as a physician assistant, specifically in an emergency room. The job, role, and tasks I am assigned are purposely vague on my contract and when asking for direction from supervisors they do not make definitions as there are differences of skill level, but also to not be dinged for obvious liability and safety purposes. The job I was hired to do is not the one I complete, but now due to an expansion of residents and their hours I am less necessary in the role I was hired for and they are attempting to move me to a different hospital with a role I did not have interest in as a partly inpatient provider. This role I requested and was not granted training hours for and will be solo. For these reasons, I am in the process of pursuing other jobs and have done three interviews at another hospital that I do expect an offer from. I want to get out of this situation as soon as possible, but there is a 90 day resignation notice. My contract terms were however a two-year term which will pass in 2 weeks with no indication for renewal. Questions: 1. As the term is up, is a 90 day notice necessary--I was going to give 2 months (typical term for onboarding at a new job). 2. I do not believe it would be hard to prove that there are gross mismanagements as well as my role not being consistent with what I was hired for. I have screenshots of emails which seem to violate fair labor law (uncompensated training) as well as administrators disagreeing with how much I was asked to do (multiple employee roles). Would this also be reason enough to void the terms? I appreciate any advise I could get, I suspect I will likely have to engage with an employment lawyer regarding this all but wasn't sure if will have to come to that.

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05-25-2023, 01:59 PM	#2
Prock LeBron James is a bitch Join Date: Aug 2015 Posts: 15,167	Unless we have an employment lawyer on this board you won't get a good answer, but my gut says you would be fine. You have three options: (1) wing it and hope you're right, (2) spend hours coming thru your state's employment and labor code to find the right answer, or (3) find a lawyer to do that for you. I don't think it would take long for an expert in that field to give you the right answer, so shouldn't break your bank.

05-25-2023, 02:11 PM	#3
Fernando LeBron James is a bitch Join Date: Jun 2015 Location: Texas Posts: 19,640	Unless there's a penalty, or some incentive tying you to the contract, you can probably leave with the only repercussion being that you may be on a no re-hire list after. Requirements for however many day notices are typically only a suggestion.

05-25-2023, 04:48 PM	#4
iowatreat LeBron James is a bitch Join Date: May 2015 Posts: 13,166	Definitely not a lawyer, but generally most states any "notice" period for leaving is not really enforceable. It would depend on your contract and what they may have compensated you for (school, moving) but I'm fairly certain for any time you worked or training you were paid for they can't claw back. Usually that clause is in there to cover themselves and scare the employees from leaving, and the only real repercussion is you will get flagged on your file as not rehireable.

05-26-2023, 12:29 AM	#6
Fernando LeBron James is a bitch Join Date: Jun 2015 Location: Texas Posts: 19,640	Eh, that’s a nuclear option and I wouldn’t bring it up unless absolutely necessary. Being a shit stirrer makes you look horrible and it might not even assure you of the ending you’re looking for. A gentleman’s ‘I quit’ should be more than enough, you’re likely just not going to keep any friends there for leaving without proper notice. If you don’t care about that just leave. Employment contracts are generally worthless and significantly more trouble to uphold than they’d ever let you know.

05-26-2023, 09:36 PM	#7
BaLLiN Super Senior Member Join Date: May 2015 Posts: 1,595	I appreciate all of the advice. My manager requested me to call--probably so nothing was in writing--later discussing wanting me to come in on a day I was not scheduled to work in order to train as well as train during a regular shift while doing my normal tasks. Sent her an email afterward summarizing her requests which she hasn't responded to. I recognize not everyone is lucky enough to have work and am thankful that I do but this is a case of a straw that broke the camel's back.