Question about contractual non performance and arbitration

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Question about contractual non performance and arbitration

Post  shnapper18 on 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)

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Re: Question about contractual non performance and arbitration

Post  JoeC (McGruff) on 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.
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Re: Question about contractual non performance and arbitration

Post  JoeC (McGruff) on 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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