AboutThomas R. Ballas Expertise I will take questions about EEOC complaints, ADA, FMLA and most Human Resource issues. I am an expert in the Railway Labor Act and collective bargaining agreements.
Experience I have 36 years experience in the rail industry, 16 as the lead company negotiator for all Section Six talks.
Education/Credentials BA in Psychology, PHR and SPHR Certifications.
Question I am a nurse at a hospital that is claiming "recession problems" and has resorted to taking away some benefits. They are taking away the PTO accrual (you can keep what you have already), stopping merit increases, stopping 403b contributions, and eliminating all non-essential education. We are concerned because we came to the hospital and signed a contract saying we'd stay for 2 years and if not we'd have to pay back relocation, etc. in full with no prorating. The contract said we'd have all those benefits and now they are being taken away but the HR is saying that if people want to leave, they can "work with them" in terms of what the contract says. Doesn't them taking away those benefits mean that they are the ones breaching contract and that we can leave without and repayment, etc? Also, since they are the ones breaking it, is there anything we can get in return from them since we signed a contract saying we'd get PTO,etc? Thank you for your time.
Answer Tami:
I agree that it appears the hospital has broken the terms of the agreement if it says you would have x pay and x benefits.
I would present myself to HR and tell them you feel they have broken the agreement and get them to explain to you why they have not.
I would have to see the agreement to determine if you can get anything for their breaking the terms, but I doubt it. Most such agreements address specific issues and will not pay off if you do not perform the service.
