Got screwed by a new job...what are my options.

[Drsan1]

So I recently started a job in the post acute care field. My contract is for full time work which may include medical directorship and clinical work. I was pit in 2 buildings to work. The largest place I was hired to work at has decided to go with another company for their medical needs and I was informed of this 1 month of starting full time!!
My contract is for full time position, with restrictive covenant of 1 year for any facilities I worked with them.
I received a signing bonus which in my contact says it has to be payed back if I don’t work the year...but does not have to be payed back if the company terminates the agreement without cause.

The company tells me they do not have another facility to put me in so in a month I will only be working 2 days a week making 1/3 of what my salary was supposed to be.
my Question it #1 if I try to fight this covenant Do I have a leg to stand on since they didn’t keep up their end of the bargain
#2 do I have to pay back that signing bonus since they can’t provide me full time work so are breaking that part of the contract.

[VagabondMD]

Absolutely, they terminated the contract. If I were you, I would go on my merry way.

[Shant]

You need to get to a local employment attorney ASAP to make sure that you handle your response correctly.

[Cubicle]

1. Lawyer up. I'd even "notify" than by asking whomever guess you who their layers are because you need to contact them.

2. Start looking at other opportunities. If it comes to court, you are in demand at 5 days a week. The fact they offered you full time then cut you down, despite you being in need helps you.

[CordMcNally]

Before I lawyered up I'd probably just ask them if I got to keep the signing bonus and if they would be releasing me from the restrictive covenant since they weren't able to fulfill their obligations. My guess is that they probably won't care about the restrictive covenant and will want most of the signing bonus back.

[GasFIRE]

The company tells me they do not have another facility to put me in so in a month I will only be working 2 days a week making 1/3 of what my salary was supposed to be.
my Question it #1 if I try to fight this covenant Do I have a leg to stand on since they didn’t keep up their end of the bargain
#2 do I have to pay back that signing bonus since they can’t provide me full time work so are breaking that part of the contract.

#1 depends on the state. Some states it's unenforceable, some states have restrictions on the scope and/or distance.
#2 depends on the provisions in the contract.

You really need an employment lawyer familiar with the local health care laws to review the contract to see what is enforceable and what is not. Are you planning on remaining in the area if able? The lawyer can advise you on how to proceed. CordMcNally suggestion to ask for a release from the non-compete is reasonable, but I would want to know my legal standing before asking (so you know if the company is trying to bluff you). If you want to leave the area, start looking yesterday.

[VagabondMD]

#1 depends on the state. Some states it's unenforceable, some states have restrictions on the scope and/or distance.
#2 depends on the provisions in the contract.

You really need an employment lawyer familiar with the local health care laws to review the contract to see what is enforceable and what is not. Are you planning on remaining in the area if able? The lawyer can advise you on how to proceed. CordMcNally suggestion to ask for a release from the non-compete is reasonable, but I would want to know my legal standing before asking (so you know if the company is trying to bluff you). If you want to leave the area, start looking yesterday.

I asked my wife (employment lawyer), and she said that it depends a lot on state/local laws, as above. It is likely, given the circumstances as told, that the non-compete would not be enforceable because of the circumstances (they broke the contract). The signing bonus may be another story. Make sure you go to a local employment attorney, ideally one who is familiar with physician contracts.

I agree also with the suggestion that you contact the employer and ask to be released, when you are ready to move along. Perhaps that is ideal for their position, too, and you might be able to walk away without getting lawyers involved, or, to be careful, present the lawyer with the separation agreement for review, which will take less time and likely cost you less.

[Drsan1]

#1 depends on the state. Some states it's unenforceable, some states have restrictions on the scope and/or distance.
#2 depends on the provisions in the contract.

You really need an employment lawyer familiar with the local health care laws to review the contract to see what is enforceable and what is not. Are you planning on remaining in the area if able? The lawyer can advise you on how to proceed. CordMcNally suggestion to ask for a release from the non-compete is reasonable, but I would want to know my legal standing before asking (so you know if the company is trying to bluff you). If you want to leave the area, start looking yesterday.

Yes I plan to stay in the area. I just moved to the area, which makes it all the more painful. But already looking at other opportunities as we all know it takes months for credentialing, searching etc. I’ll probably have to do Locum stretches in the mean time.

[Drsan1]

I asked my wife (employment lawyer), and she said that it depends a lot on state/local laws, as above. It is likely, given the circumstances as told, that the non-compete would not be enforceable because of the circumstances (they broke the contract). The signing bonus may be another story. Make sure you go to a local employment attorney, ideally one who is familiar with physician contracts.

I agree also with the suggestion that you contact the employer and ask to be released, when you are ready to move along. Perhaps that is ideal for their position, too, and you might be able to walk away without getting lawyers involved, or, to be careful, present the lawyer with the separation agreement for review, which will take less time and likely cost you less.

I’m in NY and in my preliminary internet search it looks like non-competes here are hardly ever enforceable. There’s only a few enforceable circumstances, none of which apply to me. Especially in my situation where they can’t provide me the employment I signed up for. I guess I’ll try to get the company to write me a letter terminating my full time contract without cause because my contract also has a garbage exclusivity clause in it.

I need to decide now though, should I ask them for the termination letter, or should I just wait on them to give it to me.

[Shant]

They have indicated that they intend to unilaterally change the terms of employment instead of terminating it. Why do you think they will add a termination letter? If you wait too long you might be taken to have agreed to the change. You need to get a prompt response to them in writing and you need a local employment lawyer to get it right. You might have a claim for full pay for the time it takes to get up and running somewhere else, you might have a claim for keeping the signing bonus, you might have a claim for costs of moving to your next job, you might have a claim for other expenses in reliance on the job offer, you do have a duty to mitigate that you need to understand. Do not delay and do not go it alone because you are walking through a minefield.

[DrSam]

They have indicated that they intend to unilaterally change the terms of employment instead of terminating it. Why do you think they will add a termination letter? If you wait too long you might be taken to have agreed to the change. You need to get a prompt response to them in writing and you need a local employment lawyer to get it right. You might have a claim for full pay for the time it takes to get up and running somewhere else, you might have a claim for keeping the signing bonus, you might have a claim for costs of moving to your next job, you might have a claim for other expenses in reliance on the job offer, you do have a duty to mitigate that you need to understand. Do not delay and do not go it alone because you are walking through a minefield.

Shant has just given you very good advice. I'd follow it if I were you. Get an attorney involved ASAP.

[childay]

So I recently started a job in the post acute care field. My contract is for full time work which may include medical directorship and clinical work. I was pit in 2 buildings to work. The largest place I was hired to work at has decided to go with another company for their medical needs and I was informed of this 1 month of starting full time!!
My contract is for full time position, with restrictive covenant of 1 year for any facilities I worked with them.
I received a signing bonus which in my contact says it has to be payed back if I don’t work the year...but does not have to be payed back if the company terminates the agreement without cause.

The company tells me they do not have another facility to put me in so in a month I will only be working 2 days a week making 1/3 of what my salary was supposed to be.
my Question it #1 if I try to fight this covenant Do I have a leg to stand on since they didn’t keep up their end of the bargain
#2 do I have to pay back that signing bonus since they can’t provide me full time work so are breaking that part of the contract.

Good advice above. What sort of contract language is there re: "full time work" and working in two facilities? Seems like a strange contract?
I suspect you can get out of the non-compete. Signing bonus may be another story. Not a lawyer though..

[jfoxcpacfp]

I'm so sorry. I hope it was a 6-figure signing bonus that you get to keep!

(ps having DrSam and Drsan1 on the same thread is confusing!)

[Drsan1]

Good advice above. What sort of contract language is there re: "full time work" and working in two facilities? Seems like a strange contract?
I suspect you can get out of the non-compete. Signing bonus may be another story. Not a lawyer though..

Yeah the contract specifically states it is for full time work and has an “exclusivity clause”. What facilities I will be working at however is not specifically stated so they could have put me in another facility, but they don’t have one.

[Drsan1]

They have indicated that they intend to unilaterally change the terms of employment instead of terminating it. Why do you think they will add a termination letter? If you wait too long you might be taken to have agreed to the change. You need to get a prompt response to them in writing and you need a local employment lawyer to get it right. You might have a claim for full pay for the time it takes to get up and running somewhere else, you might have a claim for keeping the signing bonus, you might have a claim for costs of moving to your next job, you might have a claim for other expenses in reliance on the job offer, you do have a duty to mitigate that you need to understand. Do not delay and do not go it alone because you are walking through a minefield.

I guess I was hoping they would terminate the letter since it’s no longer full time, but your right, I need a lawyer. Will look at getting one ASAP before saying anything else to them.