Filipino nurses win settlement from employers

Three Filipino nurses won a major  settlement  with four health care companies to rescind the “stay or pay” provisions in employment contract.

“I feel relieved that the settlement will enable immigrant nurses like me to leave onerous working conditions. Eliminating breach of contract fees gives us the freedom to seek better opportunities while ensuring we’re treated with the dignity and respect we deserve. This fosters a more inclusive and fairer workplace where nurses can focus more on providing quality care without the looming threat of financial penalties,” said Kathleen Landazabal, one of the nurses who filed charges against Premier, her former employer.

The other plaintiffs are Gerarlyn Sept Docot and Edmon Calizon. 

The Asian American Legal Defense and Education Fund (AALDEF) along with co-counsel Murphy Anderson PLLC, on July 22 announced the settlement with four health care companies to rescind the “stay or pay” provisions in employment contracts for current and former employees, including three Filipino immigrant nurses who resigned citing unsafe working conditions.

In May, the nurses filed charges with the National Labor Relations Board (NLRB), resulting in the settlement with Premier Members, LLC, a New York-based company with health care facilities in Pennsylvania, Priority Healthcare Group, LLC, a health care staffing company, the Gardens at West Shore, and the Gardens at Wyoming Valley. On Friday, the NLRB approved the settlement.

In the settlement, Premier agreed to communicate to staff that illegal work rules have been rescinded and agreed to institute a training for managers and other staff who have any responsibility for nurses recruited outside the United States to ensure employment practices conform to the National Labor Relations Act.

”’Stay or pay’ contracts and other training repayment agreement provisions (TRAPs) are coercive tactics that employers use to take advantage of the vulnerable workers they recruit outside the country,” said Elizabeth Koo, Senior Counsel at AALDEF. “We will continue to fight for other immigrant nurses subjected to similarly poor working conditions and illegal contracts.”

The Philippines has been a major source of health care professionals, especially nurses, because their education ad training is similar to Western standards. Filipino nurses are in demand around the world but especially in Great Britain, Canada, Australia and the US because they are fluent in English. 

There is a shortage of nurses in the United States because of the retirement of baby boomers and the burnout factor caused by the demands of the healthcare systems that employ them. The Philippine-trained nurses are issued special work visas that bypass traditional immigration quotas.

Because of their non-citizen status, they are vulnerable to become victims of exploitation amid threats of deportation.

“Stay or pay” provisions are repayment agreement provisions that penalize workers for leaving their jobs. Last year, five Filipino immigrant nurses filed charges with the NLRB against their former employer, CommuniCare Family of Companies, to challenge the company’s use of “stay or pay” provisions in the nurses’ employment contracts. These nurses similarly resigned from their jobs, citing intolerable working conditions.

“Immigrants are often too terrified to voice concerns even when facing unsafe working conditions. This settlement is proof that suffering in silence is not an option, but resisting is. We are fighting back, not just for our own, but also for those who cannot speak for themselves. Through this settlement, we could finally regain our dignity and be treated with respect,” said Docot, another nurse and former employee of Premier.

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