California Employment Law
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Thanks for the opinion. I had asked if the attorney would review the 350 word doc so I hope you don't mind that I pasted it in below. The problemmatic clauses are in blue. You can see that the cause for the damages is simply not completing the assignment. .
My issues are:
1. The statement that they can extend the assignment with or without notice (not at all OK with me), especially if I leave 'the assignment' before completion and the resulting damages, below.
2. The $8500 liquidated damages. Their concern is that they cannot bill the client hospital until after we have completed training, 240 hours, and worked an additional 80 hours. In the meantime, for these 320 hours, they are paying me/us weekly. Their cash is at risk if we leave prematurely during training. Beyond training.....not as clear, except it is a bad reflection on them if nurses don't fulfill the assignment.
Please just read through and verify if this is unenforceable as was your initial opinion.
XXXXXX STATE HOSPITAL
DURATION OF ASSIGNMENT
(may be extended with or without notice)
By signing this document, I hereby agree to the terms detailed below governing the assignment at xxxx STATE HOSPITAL:
1. I understand that I will be provided 240 hours of training and orientation at the start of my assignment, at no cost to me, as per the schedule specified by xxxx State Hospital.
2. I also understand that there can be no flexibility in the training schedule and that upon accepting the assignment I am agreeing to abide by the schedule without exception, except in the case of an unforeseen and reasonable emergency.
3. I understand that I am required to satisfactorily complete all hours of the orientation and training before I can be deployed by the facility. I understand that if I fail to satisfactorily complete the training as scheduled b yXXXX State Hospital that ZZZZZ Healthcare will be severely harmed and will suffer considerable financial loss as a result of my actions.
4. I understand that upon accepting this assignment, I am also agreeing to complete the entire duration of the assignment. I understand that ZZZZZZ Healthcare is investing in my training and orientation and that if I fail to complete my assignment as agreed, they will be severely harmed and suffer considerable financial loss as a result of my actions.
5. I thereby agree that if I either fail to satisfactorily complete the training, or if I fail to complete my assignment as I have agreed, ZZZZZ Healthcare may recover from me, $8500.00 as liquidated damages, which will become payable immediately upon demand. I also agree that Platinum Healthcare may adjust part or the entire amount against any compensation that is owed to me by the Company.
6. I agree that Platinum Healthcare may recover from me, reasonable attorney fees and legal costs that they may incur as a result of trying to recover the liquidated damages.
As a condition of my accepting the assignment with Coalinga State Hospital, I hereby acknowledge and agree to the above
Thank you for this follow up. This was my first time using the system and I pressed 'accept answer' after the initial response when I really should have requested the follow-up (because I had wanted the commentary on the document itself). With more experience I would have approached this a different way to get that result. I am very appreciative of your answer but will not be able to pay double as the system is directing me to do by pressing 'accept answer' for part 2. Regardless, I thank you very much, and should I require additional employment law expertise I will request you again.
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