Does a guaranteed contract, mean it’s financially guaranteed?
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Does a guaranteed contract, mean it’s financially guaranteed?
My wife is a traveling Certified Nurses Aide CNA, she has a contract through a nursing agency. The nursing home she is working at just cancelled her
assignment, and now she will not be working the last 2 weeks of her contract. On the contract with the nursing agency, it states that she is guaranteed 48 hours per week. Now that the nursing home has
immediately stopped using traveling CNA’s, the nursing agency doesn’t want to pay the remainder of the contract. It says guaranteed through about the next 2 weeks, and if I had broken the contract, I would have been
financially liable. Are they contractually obligated to pay my wife?
Asked on March 3, 2017 under Employment Labor Law, Wyoming
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
While a definite answer cannot be given without reviewing the actual contract, since contracts are governed by their plain terms or language, if she is guaranteed 48 hours of work per week for a certain amount of time or to a certain date, they would have to schedule her the work and/or a least pay through the end of the contract, and if they do not, you could sue for breach of contract for the money. But review the contract carefully; if they are any limitations on what they might owe or their liability or your ability yo sue, such limitations are legal.
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