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Question about contractual non performance and arbitration

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Question about contractual non performance and arbitration Empty Question about contractual non performance and arbitration

Post  shnapper18 Fri Sep 05, 2008 11:49 pm

My wife is a nurse and she signed a contract with ___Health to provide services for a local hospital. The contract clearly states the terms like the wages to be paid and the duration of the contract. It also states that she will receive a minimum of 36 hours per week. The problem we are having is ___ contract with the hospital allows for the hospital to call off a contracted nurse up to three times without pay. My wifes contract with ___ does not state this. ___ is refusing to pay her the contracted 36 hours because they are saying they did not get payed. The loss in pay is already at $1000 and were only two weeks into the contract. ___ is in Georgia and were in California so who has juridiction. Another little tidbit, in the contract it states ___ will go after my wife at a rate of 7.50 an hour if she doesn't fulfill the minimum 36 hours. Seems a little unfair. All we want is for them to preform as agreed. Any advice would be helpful.

Thanks


Last edited by shnapper18 on Sat Sep 06, 2008 4:52 pm; edited 5 times in total (Reason for editing : change facts)

shnapper18

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Question about contractual non performance and arbitration Empty Re: Question about contractual non performance and arbitration

Post  JoeC (McGruff) Sat Sep 06, 2008 12:02 am

California has Jurisdiction, take the arbitration agreement to an attorney familiar with employment arbitration. If this is a Union environment you have to follow the grievance procedure. It does not sound like it is. You can file yourself as well (link) http://www.adr.org/si.asp?id=4916 here is the P.D.F follow the instructions. Also gather all pertinent evidence to show the arbitrator.
JoeC

P.S your post was moved to the correct forum.
JoeC (McGruff)
JoeC (McGruff)
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Question about contractual non performance and arbitration Empty Re: Question about contractual non performance and arbitration

Post  JoeC (McGruff) Sat Sep 06, 2008 12:11 am

One other thing if you are in the Bay area you can contact:
Attn. Arkady Itkin as well.
http://www.sanfranciscoemploymentlawfirm.com
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