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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38913
Experience:  Retired (mostly)
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I reside in California and was due to start a travel nurse

Customer Question

I reside in California and was due to start a travel nurse contract on 9/14. I e mailed my recruiter on Sept 8th asking if there was any other task's I needed to do prior to my assignment starting on 9/14. No response. On Sept 10th I received a e mail from my recruiters assistant stating that I had all these on line modules to do. I had advised the assistant that I was extremely busy with prior commitments and would attempt to get done. On Friday 9/11, I was called by my recruiter and told that my contract was on hold until 9/28 due to not having all documents completed on my end, and that fact that they did not have a "urine drug screen back" completed by me on 9/4 (these routinely take 3 day to result...I am a nurse and use to process these on a routine basis under workers comp). I smell at "rat" a they say. Bot***** *****ne I am out the 2 weeks wages. Can I legally request payment under Breech of Contract by them?
Submitted: 1 year ago via LawDepot.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.


A claim of breach of contract against an employer is difficult to win -- because under Cal. Labor Code Section 2922, the employer can terminate your employment "at will:" at any time, for any reason, or for no reason at all. In order to show that you are entitled to lost wages, you must prove that you quit or declined another job opportunity in reliance upon the recruiter's promise of employment. If you can do this, then you have a valid claim for breach of contract.

There is another claim that you may be able to make against the employer, which relies on a special California law that prevents employers from indirectly or directly encouraging a person from changing from one place to another as a condition of employment. Since you are a travel nurse, this law may apply to you. However, because of the complexity and confidential nature of the facts involved, I will send you an additional services offer, so that we can discuss the matter offline in confidence. You may accept or decline the offer at your convenience.

Otherwise, I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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