Employee's Liability for Breaching Requirement to Take a Specific Licensing Exam
Hi. I am a new graduate nurse in California who entered into a 2 year employment contract with a Virginia hospital; i got this job through an employment agency. One of the conditions set, although not written, was that I pass the nurse licensure exams (NCLEX) before I start work, thus I decided to apply for the CA NCLEX. However, the employment agency is vehement in asking me to take the VA NCLEX instead, and nowhere in the contract is a clause stating where I should take the exam. I am not employed in a hospital here in CA and have not even yet applied in any hospital, yet, they are taking my refusal to reply and take the VA NCLEX as breach of contract and they are threatening to sue me for "...breach of contract, file criminal charges against me, and report me to the Board of Nursing..." My contract does not specify any legal action should such a breach happen, but there is a clause regarding liquidated damages if I intentionally terminate my employment (which I believe I haven't even started). And by the way, I have every intention to report to work at the VA hospital once I pass the CA NCLEX.
My questions are:
1. Am I liable for a breach of contract? Is this anticipatory breach of contract on my end?
2. What "criminal charges" am I supposedly guilty of? Do I start looking for a lawyer then?
Need advice! :(
Reciprocal Licensing for Nurses
Does Virginia recognize California's certification? If passing the California test doesn't qualify you to work in a Virginia hospital, it would seem that you are not living up to your end of the agreement.