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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 35688
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Is there a clause I could attach to the following provision

Customer Question

Is there a clause I could attach to the following provision in a travel nurse contract to help protect myself?
"If traveler cancels prior to or during the assignment or is terminated by the hospital for cause ... the traveler will be assessed a cancellation fee of no less than $2500 to cover damages and other administrative costs incurred by E.. Health Services."
Thank-you
Bruce
Submitted: 5 years ago.
Category: California Employment Law
Expert:  LawTalk replied 5 years ago.
Good afternoon Bruce,

I'm sorry to hear of your dilemma.

I can empathize with your situation as my wife is an R.N., and presently is on a travel assignment---I'm along for the ride.

The problem is NOT that you can not add a clause which protects you, but that the agency will NEVER agree to the clause if you insert it. If they are willing to allow you to avoid this particular clause, you would not actually add anything to it, but rather strike it by crossing it out and both you and the agency representative initialing next to the stricken language.

I'm afraid that the Labor Board will not be able to assist you. The contract is legal under CA law as drafted, and as I suggested----it seems highly unlikely that you will convince them to allow you to simply avoid the protection that the clause provides to them. You might be better off looking for a different travel company. My wife said that there are major differences in the way different companies will work with you---and compensate you as well.

I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug
LawTalk and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
Hi Doug,
Very interesting to hear about your wife also being a travel RN, thanks for sharing.
I had a lengthy discussion with the agency this morning. Although we didn't resolve the issue, they did finally agree that if there was a clause I wanted to attach they would allow that but they certainly didn't offer to strike it. I could actually work for a different agency on this same assignment but it's only 8 weeks and the other company pays $1500 less.
Thank you for your help with this matter.
Best Regards,
Bruce
Expert:  LawTalk replied 5 years ago.
My pleasure, Bruce. Yes, simply striking the clause is really the best way to avoid it, as well as eliminate any ambiguity that might arise if you sought to actually amend the contract with a contradictory clause.

Best of luck in your assignment.

Doug
Customer: replied 5 years ago.
O.K. Doug I hear you loud and clear.
Thanks
Bruce
Expert:  LawTalk replied 5 years ago.
You are quite welcome. Have a great week!