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Thelawman2, Lawyer
Category: Employment Law
Satisfied Customers: 1385
Experience:  Attorney-at-Law
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I work as a nurse for a travel agency. I've worked full time

Customer Question

I work as a nurse for a travel agency. I've worked full time for them since 2014. we entered into a written employment agreement on September 15,2016 for my full time, 13 week assignment expected to start 10/03. Initially I was to start 09/19, but I was told there was no room for me in orientation. So the start date changed to 10/03. Today the agency called to tell me that the vendor management company didn't submit the needed forms so I'll have to wait until 10/17. What right might I have in this instance?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: texas
JA: Is the employment agreement "at will," union, full time or part time?
Customer: can you briefly describe each one? I don't know the meaning of all of these terms. The hours were to be 36hrs per week
JA: Anything else you want the lawyer to know before I connect you?
Customer: No. I think that's all for now.
Submitted: 9 months ago.
Category: Employment Law
Expert:  Thelawman2 replied 9 months ago.

It really depends on the terms of the employment agreement. If the employment agreement states that you will strictly start on a certain date and end on a certain date, then you could possibly argue that the agency is breaching this agreement improperly and that you should not have to wait to start the assignment. However, if the terms of the agreement simply state that the assignment will be 13 weeks and there is no definite start or end date, then there could be some difficulty in trying to argue a case against the agency.

Customer: replied 9 months ago.
The start and end dates are printed on the contract. How do i approach the argument of my start date? Do i go over my rep's head?Do i need a mediator?
Expert:  Thelawman2 replied 9 months ago.

This really comes down to how much you want to press the agency.

You technically have the right to only work from the start date and the end date. You being more than willing to work during that period, it is the agencies fault that you are not able to start on the start date. As a result you could argue that you should be paid the full amount while still only working until the end date stated. Technically, you had to avoid having to work in expectation that the start date would be what was stated. Additionally, you could have found another job after the end date.

There are different avenues you could take. First, you could just agree to work when they want you to work. That way you avoid any disputes.

Second, you could raise an argument within the agency in an attempt to get a better deal than what is currently provided to you. There is no guarantee that you would get what you want but you avoid legal costs.

Third, you could strictly adhere to the start and end date. If you follow this path, you would most likely have to file a lawsuit to get the payment that is due to you. This would involve legal costs and probably more of a headache than it is worth. If your employment contract includes a mediation clause, you could go to mediation. But that is time-consuming as well and not guaranteed that you would get what you are owed without having to eventually go to court.

Expert:  Thelawman2 replied 9 months ago.

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