Does a guaranteed contract, mean it’s financially guaranteed?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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