this post was submitted on 29 Dec 2023
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Filipino nurses for Ohio-based company say they have been forced to pay thousands in fees after signing training contracts

Filipino nurses are calling for the US’s top labor watchdog to review controversial “stay or pay” training repayment agreement provisions that have left them facing lawsuits and thousands of dollars in fees after they quit their jobs.

Training repayment agreement provisions (Trap) are contracts employers require workers to sign before beginning a job and stipulate that if a worker leaves the job before a specified time, they owe substantial fees.

Nurses who worked for the Ohio-based CommuniCare Family of Companies, one of the largest providers of post-acute care in the US, say they have been subjected to buyout fees of thousands of dollars when they resign and have been sued by their former employer.

Jeddalyn Ramos, a 30-year-old from the Philippines worked for four months at a CommuniCare-owned short-term and senior rehab facility in Pittsburgh in 2022 and paid $15,555.45 in fees when she quit her job.

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[–] [email protected] 31 points 7 months ago* (last edited 7 months ago)

That's literally how your bosses want you to feel, because they don't feel criminal, and they're just "passing the buck" of giving a fucking shit about human lives to you. That's literally why they're fining people, because Capitalism has gone off the rails and now even imaginary profits have to be gotten, or it's not enough.

We should have known this would be the endgame when copyright lawsuits in the early 2000's would have equalled payouts larger than the amount of US currency that actually existed in circulation at the time.

Why? Because those lawsuits were predicated on "lost profits" and each "pirated copy" being an equally lost sale. The fact that the numbers added up to more money than was physically possible to exist kind of tears that argument apart, because not every pirated copy is a lost sale.

However, when we allowed businesses to start having that attitude, they're going to pin every lost penny on the consumer and workers. Once again, not even actually lost pennies, just pennies they think they lost.

Businesses no longer think in terms of "risk," they literally think we owe them. Similar with advertising and ad-blocking. The suits at ad companies believe we are stealing from them we don't view an ad. So when they set up a fucking huge billboard on the side of the fucking freeway and I don't look at it, they consider that theft of some kind.

No, you dumb piece of shit, it's a risk you spent money on as a business, and not everyone is required to see it.

Reminds me of Mr. Show and Coupon the Movie. Movie bombs so movie execs sue American public into seeing the movie.

Warm. And Mandatory.

[–] [email protected] 25 points 7 months ago

Additional context about these "training" fees. The people coming over from the Philippines are TRAINED NURSES. They're properly educated, often already working, and in my experience generally excellent nurses. These "training fees" are literally wage slavery. These nurses require very little training, mostly about US healthcare laws and facility policies. These facilities are not teaching them how to be nurses.

[–] [email protected] 22 points 7 months ago* (last edited 7 months ago)

Jeddalyn Ramos, a 30-year-old from the Philippines worked for four months at a CommuniCare-owned short-term and senior rehab facility in Pittsburgh in 2022 and paid $15,555.45 in fees when she quit her job.

After paying the fee, Ramos was sued for $100,000 or more by CommuniCare for quitting her job before the three years required by her employment agreement.

So she paid back the training fee and then they sued her for more? WTF.

Also, I can't tell if are there differences in training fees vs immigration/lawyer fees. One of the quotes made it sound like the cost was about getting the employee over to the USA, and not the training. I can't tell if that is actually TRAP fees or a different class of fee. I didn't realize that the were not H1B visas. If a company sponsors legal fees for a more permanent type of visa, should there be an expectation to pay those back if the employee doesn't stay in the position for a certain amount of time as long as not punitive and properly itemized and paid by the employer to the law firm (assuming not in house immigration lawyers).

The nurses arrive to the US with EB-3 visas, which do not link their immigration status to their employer like other visa programs, so they can work elsewhere.

3 year contract requirement seems insane and fuck the employer for clawing back full cost, but I could also see it being a challenge if company A pays the legal fees to get the visa and then competitive company B poaches those workers in 3 months. Not what happens in this case, but could understand some justification for a clawback on those legal visa/immigration fees.

[–] [email protected] 8 points 7 months ago

There's something very similar in trucking but holy fuck not at that magnitude.

[–] [email protected] 7 points 7 months ago

They do it simply b/c they can.

[–] [email protected] 1 points 7 months ago

It’s important to read your contract.