Employment Contract

[dyaacobi1985]

My wife is an RN that was working in a hospital in Brownsville, TX. She was informed by her supervisor that she was terminated due to the fact that her temporary texas nursing license had expired and her permanent nursing license had not been issued yet. Three days later, her permanent license was issued and her supervisor called her to come back to work. However, my wife does not like working in the hospital and wants to take time to find another employer (i.e. home health, school nurse, etc). She was contacted by someone in the HR department and told that her supervisor was incorrect to tell her she was terminated and in fact she has been employed this whole time. The HR representative told her that if she wants to leave the hospital, she must write a letter of resignation and pay back the signing bonus she was awarded when she was hired this past August. Should she comply and write this letter? Why would we have to pay back the signing bonus when her supervisor effectively terminated her? Wouldn't this void her contractual obligation to repay the signing bonus?

 

[cbg]

She would have to show her contract to a Texas attorney. We can't read it from here.

 

[Green_Hornet]

What are the terms of the signing bonus? The employer is entitled to the signing bonus if the terms are not fulfilled. If the terms of the bonus also revolved around your wife maintaining the proper credentials to maintain her position, then I doubt the lay off would void the contract.

Read the contract carefully,and ask the H.R manger what she is relying on in the contract to justify returning the signing bonus? If she does not have an answer she is more than likely shooting from the hip. If she points out a clause, then high light the clause, and then take it to an attorney for review.

Employment contracts are drafted by the companies legal Dept's. therefore they are bound by the cannons to ensure the document is sound. H.R Dept's. are not bound by the cannons, and will at times take liberties they are not entitled too without first being advised by coporate counsel.