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Employee's Liability for Breaching Requirement to Take a Specific Licensing Exam

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  • 05-09-2005, 04:56 PM
    BenQ
    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! :(
  • 05-09-2005, 06:07 PM
    aaron
    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.
  • 05-09-2005, 11:16 PM
    BenQ
    Yes, as nurses, we have what we call "reciprocity." A California license is valid anywhere in the U.S. as long as I will apply to the local board, in this case, the Virginia Board.
  • 05-09-2005, 11:44 PM
    aaron
    Virginia Licensing
    Have you asked them why, then, they want the Virginia license?

    Have you considered simply taking the Virginia test?
  • 05-10-2005, 11:58 AM
    BenQ
    After I fulfill my 2-year contract, I am eligible to work anywhere in the U.S. Not all states practice reciprocity with a Virginia license. Should I decide to work in, say, Texas, I will have to pay, study, and take the Texas licensure. Whereas with a California license, I simply have to apply for reciprocity and I can work anywhere in the US.

    So in essence, I am thinking in terms of long-term possibilities. But nowhere in the contract does it say that I should take the Virginia licensure. They simply want me to take the Virginia board since, well...I am to be employed in VA.
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