News

By Rachel Kim

Three Filipino immigrant nurses were among many health care workers who their attorneys say were subject to harsh working conditions and coercive contractual provisions set by their employers. On behalf of current and former employees, the Asian American Legal Defense and Education Fund (AALDEF) and Murphy Anderson PLLC reached a settlement with four healthcare companies to remove a provision – called “stay or pay” – that would penalize employees for leaving the company.

“‘Stay or pay’ contracts trap workers in bad jobs,” said AALDEF’s senior counsel Elizabeth Koo. “Immigrant workers are particularly vulnerable to exploitation in the workplace. ‘Stay or pay’ contracts chill immigrant workers from organizing and working together to fight against workplace exploitation.”

The settlement follows legal action taken by the nurses in May against four health care companies. Similarly in 2023, five Filipino immigrant nurses sought a review by federal regulators of their former employer’s training repayment agreement provisions (TRAPs) which obligated them to pay financial penalties upon leaving the company. They resigned from their jobs, citing difficult working conditions.

“We felt like we followed the chain of command in reporting our challenges, but nothing was changed. On top of the understaffing issues we (Filipinos) observed that we were singled out regarding our schedules and benefits. These difficulties prompted us to seek legal advice to help our situation,” said Edmon Calizon who previously worked as a registered nurse for the Gardens at West Shore.

One nurse felt that understaffing at the facility, lack of support from management and education around protocols contributed to concerns for their safety and eventual resignation.

“When I was at the Gardens at West Shore, I raised my concerns to management and my recruiter about how I felt unsafe while working because I received little training and support. Because of the understaffing at the facility, I nevertheless ended up working. My Filipino colleagues and I felt the same way. We couldn’t take suffering in silence anymore. Due to the amount of stress and anxiety working conditions that we felt were unsafe, it prompted us to do something about it,” said Gerarlyn Sept Docot who was hired as RN Staff for the Gardens at West Shore.

Their contracts, however, discouraged Docot and the other nurses from leaving the company

“I wanted to leave due in part to the high patient-to-nurse ratios, where I was sometimes responsible for caring for upwards of 40 patients at a time, but the “stay or pay” provision made me stay, despite getting anxious about going to work all the time and worrying about what’s going to happen at work,” said Docot.

As stated in the settlement, Premier Members LLC, one of the four health care companies involved as defendants, agreed to rescind the Stay-or-Pay Provision and conduct mandatory training for supervisors and staff who have any responsibility for nurses recruited abroad in employment practices conforming to the National Labor Relations Act (NLRA).

The plaintiffs alleged that they were obligated to pay a sum in excess of $10,000 to their employer in reimbursement of various costs and fees. They also felt that their concerns were not addressed properly and that hazardous working conditions necessitated leaving the workplace out of concern for their safety.

“Despite several attempts to inform our supervisors and recruiter about our situation, issues were not addressed” said Kathleen Landazabal who also used to work at the Gardens at West Shore as a registered nurse.

Dozens of immigrant healthcare workers were staffed in thousands of vacant positions at nursing homes as demand for foreign healthcare workers increased. Yet, advocates say some have been misled into benefits like free housing and coerced into longer contracts and bigger repayment fees.

“These agreements, like non-compete and forced arbitration agreements, are part of a larger trend of anti-competitive tactics employers use to bully immigrant workers and erode their economic power,” said Koo. “Workers should not be forced to work in exploitative jobs.”

As in this case with the three Filipino nurses, the repayment agreement provision rule would not only enforce high reimbursement fees upon them but also threaten them with legal action, financial penalties, or other repercussions that would discourage them from leaving their jobs.

“It has taken a toll on my mental health. I would get anxious every time I would go to work, worrying my license would be in jeopardy because of understaffing issues and excessive workloads, but feeling like leaving was not an option because of the exorbitant fees that we would need to pay,” said Landazabal.

The terms outlined in the settlement included to rescind the Stay-or-Pay Provision and conduct mandatory training for supervisors and staff who have any responsibility for nurses recruited abroad in employment practices conforming to the National Labor Relations Act (NLRA).

AsAmNews reached out to the executive director of the Gardens of West Shore and the administrator of Embassy of Wyoming Valley where both groups are under Premier Members and Priority Healthcare Group. They did not respond.

“We have heard a lot of stories of Filipino nurses resigning to prioritize their mental health but struggling to pay the contract fees. Hopefully, this settlement can provide awareness and hope to our fellow Filipino immigrants,” said Calizon.

Both Calizon and Landazabal advised seeking legal consultation when reviewing contractual provisions and investing time into researching the employer and recruiter before any signing.

“The settlement agreement shows that we stand for our rights. Most of the time, immigrant workers are terrified to speak and would rather suffer in silence. This settlement agreement is one of the breakthroughs to show that we can always fight back and stand up for ourselves,” said Docot.

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Read the article here: https://asamnews.com/2024/07/26/stay-or-pay-traps-filipino-immigrant-nurses-says-lawsuit/