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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19306
Experience:  Employment/Labor Law Litigation
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I work in a small rural hospital in the Same Day Surgery

Customer Question

I work in a small rural hospital in the Same Day Surgery Dept. Last year our department lost our main source of surgeries and we were issued an ultimatum. We had to sign a contract that we would remain in the department, be available and agree to work in other areas of the hospital as deemed necessary by the Administrator. If we signed they guaranteed us 32 hours a week pay and we would receive a retention bonus of $20,000 in installments of $5000 over the first year. If not we would have no guarantee of hours and they would not be responsible to provide us work. If we want to leave our employment here we are required to pay all of the money we have received back. This was presented to us on a Fri and had to be signed by Mon. Now our Supervisor is leaving for a position at a new hospital as the number of surgeries have continued to decrease and they have as yet to replace the surgeons we lost over a year ago. There is a clause stating we would not be responsible for paying the money back if there is a restructuring of the department. Does the leaving of our Supervisor and the
insertion of someone outside the dept. in the interim constitute a restructuring of the department?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

That would depend on whether or not the term is defined in the agreement itself. If it is defined in the agreement itself, then you have to look to how it is defined. Generally though, the replacement of a single member (even the Supervisor) would not normally amount to a restructuring as legally defined. When we see the term restructuring, we are referring to a fundamental change to the entity or department itself. A change so dramatic is to make its form unrecognizable or completely new.

So, without a more forgiving definition of restructuring in the agreement, I would not say that replacing a single individual would qualify.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.