Nurses Bill of Rights FAQs

Employment Agreement with Registered Nurse

Employment Agreement made on the (date), between , a professional corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as the Employer, and , of , hereinafter called Employee.

Whereas, Employee is a registered nurse duly licensed in ; and

Whereas, Employer desires to employ Employee and Employee desires to accept employment to practice nursing as an employee of Employer;

Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Employment and Duties

A. Scope of Duties.

Employer employs Employee, and Employee accepts employment, to render nursing services. Employer shall have the power to determine the specific duties to be performed by Employee, and the means and manner by which those duties shall be performed. Hours of employment shall be determined by Employer within reasonable standards for the profession.

B. Exclusive Service.

Employee shall devote his/her full working time and attention to the practice of nursing for Employer. During the term of this Agreement, Employee shall not, without the written consent of Employer, directly or indirectly render nursing services of a professional nature to or for any person or firm for compensation, or engage in any nursing practice that competes with the interest of Employer.

C. Professional standards.

Employer shall perform his/her duties under this Agreement in accordance with the rules of ethics of the nursing profession.

D. Early Termination by Employee

If Employee shall terminate his/her employment within , Employee shall reimburse Employer the sum of $ for such expenses incurred by Employer as drug screening, background check, and office training.

2. Records and Files

All case records, charts, and personal files concerning patients of Employer are strictly confidential and shall not be used by Employee or disclosed directly or indirectly by Employee to any person whatsoever other than Employer or patient except where such disclosure is authorized in writing by Employer or patient or disclosed pursuant to legal process such as a subpoena duces tecum.

3. Term

The term of this Agreement shall begin on (date), and shall continue until terminated as provided below in this Agreement.

4. Compensation

A. Salary.

In consideration of all services rendered under this Agreement, from and after the date of this Agreement, Employee shall receive a base salary of $ per year, payable in 12 equal monthly installments on the day of each month. The base salary may be changed by mutual agreement of the parties at any time.

B. Fringe Benefits.

As further consideration, Employer shall, within a reasonable time after the execution of this Agreement, provide for Employee the following benefits on that may from time to time be made available to Nurses employed by Employer:

5. Vacation and Sick Leave

A. Vacation

Employee shall be entitled to a paid annual vacation of [e.g., (number) weeks] . Vacation time may not be accumulated without Employer's consent, and must be taken in the year earned.

Employee's vacation will be scheduled at times most convenient to Employer's medical practice as determined by its board of directors.

B. Sick Leave

Employee shall be entitled, without any adjustment in Employee's compensation, to days' sick leave in each fiscal year of employment if Employee is unable to perform Employee's services by reason of illness or accident. Unused sick leave may not be carried over from one fiscal year to another.

6. Termination

This contract shall be terminated immediately:

A. If Employee becomes disqualified to practice nursing in ;

B. If Employee accepts other employment that places restrictions or limitations on his/her continued rendering of professional medical services;

C. On the death of Employee;

D. If Employer and Employee mutually so agree in writing;

E. If Employee becomes disabled and the disability continues for a period of consecutive months or more; or

F. If, in the opinion of Employer, Employee fails or refuses to perform faithfully or diligently the duties of his/her employment or any of Employee's obligations under this Agreement.

7. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

8. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

9. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

10. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

11. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

12. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

13. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

WITNESS our signatures as of the day and date first above stated.

(Office in Corporation)