What is the name of your state (only U.S. law)? Texas
My wife took a job with a hospital in Dallas. At the time the hospital had a training program available for new nurses (nurses that had recently graduated). The stipulation to the program was the nurse had to sign a 24-month contract that, if breached, required the employee to pay the employer $30,000 for "training reimbursement". Simple enough I suppose. She took the job in Feb, 2014 and 10-motnhs later she has found a much better job. Here's the caveat, neither my wife nor the hospital signed the contract. It was completely overlooked by her HR department. Today she asked to see a copy of the signed contract and they did not have one. Now they are trying to strong arm her into signing the contract or pay back the $30,000.
Here's another kicker, the training program was a farce and the person that was training her was fired a of couple weeks after she began working. Essentially she has been on her own for the entirety of the 10-months she has been employed and she has received little to no training.
The hospital claimed that they have emails of here agreeing to sign the document. I have pasted the email below and she makes no statement as to her intent to sign the contract (read from the bottom up):
Hospital: It’s all day orientation you can come with something you will feel conformable in orientations start right at 8 and they release at 5pm.
Wife: Ok do I wear scrubs or office type clothing? Am I actually working that day or just paperwork?
Hospital: You will need to come in on Monday February 10th for Orientation in the 3rd floor Community room @ 7:45 am. I will have your contract ready for you to sign then.
Wife: Hey HR Person (name omitted)!
I haven't heard much back other than I start feb 10th but I didn't know what time exactly 7a-7p also I was wondering about the contract etc and the remaining schedule.
Does the hospital have a leg to stand on since there is no signed contract or email agreement and they essentially breached the contact by not providing a training/learning environment?
My wife took a job with a hospital in Dallas. At the time the hospital had a training program available for new nurses (nurses that had recently graduated). The stipulation to the program was the nurse had to sign a 24-month contract that, if breached, required the employee to pay the employer $30,000 for "training reimbursement". Simple enough I suppose. She took the job in Feb, 2014 and 10-motnhs later she has found a much better job. Here's the caveat, neither my wife nor the hospital signed the contract. It was completely overlooked by her HR department. Today she asked to see a copy of the signed contract and they did not have one. Now they are trying to strong arm her into signing the contract or pay back the $30,000.
Here's another kicker, the training program was a farce and the person that was training her was fired a of couple weeks after she began working. Essentially she has been on her own for the entirety of the 10-months she has been employed and she has received little to no training.
The hospital claimed that they have emails of here agreeing to sign the document. I have pasted the email below and she makes no statement as to her intent to sign the contract (read from the bottom up):
Hospital: It’s all day orientation you can come with something you will feel conformable in orientations start right at 8 and they release at 5pm.
Wife: Ok do I wear scrubs or office type clothing? Am I actually working that day or just paperwork?
Hospital: You will need to come in on Monday February 10th for Orientation in the 3rd floor Community room @ 7:45 am. I will have your contract ready for you to sign then.
Wife: Hey HR Person (name omitted)!
I haven't heard much back other than I start feb 10th but I didn't know what time exactly 7a-7p also I was wondering about the contract etc and the remaining schedule.
Does the hospital have a leg to stand on since there is no signed contract or email agreement and they essentially breached the contact by not providing a training/learning environment?