Here is the scenario. My wife and some of her friends got their college education (med school)subsidized by NYC. The contract they signed was that after finishing their education they needed to server 3 years in an "underserved" area. They have no problems doing that, the problem is NYC decides what is an underserved area and in each area there is only one or two designated clinics in which they can work. They've been looking and interviewing and either those areas are fully staffed already or they didn't want to hire them because they didn't speak spanish. So they have no way of fulfilling their obligations. If they can't fulfill they need to pay back the money about $100k. They need to find the job and be working within 6 months after graduation. They can find other jobs in the "underserved" areas but those clinics aren't designated by NYC. So they are being told it doesn't count toward their workload.

My only question is do they have a leg to stand on or should they just start paying the money back?

I'm sure you need more info, but I am just curious what someone thinks before we start looking more into this.

 

Unfortunately, they may be bound by this contract. Without seeing the actual contract, I could not tell you with any real certainly. However, if they agreed to serve in underserved areas and those areas are designated by the city, they most likely will have to serve in those positions. The contract will likely tell you who has control of those decisions. The K will also likely tell you who is in charge of making the determination of who designates a clinic or hospital as underserved.

It is very important to see what the contract actually states, and time frames for fulfilling the contract. It may be possible to defer the obligation if no positions are available. Good luck

 

Thanks, good point about deferring until a position becomes available. I will see if they will allow that as an option.

 

likely, the contract will tell you that. Also, you should contact the liason in the department. They might be able to allow you to work in another "underserved" area that is not designated by the contract or the department. As in any contract, it can be renegotiated, so keep trying. For 100k it is probably worth trying...

 

I don't think anyone can give you an answer worth much without reading the contract in full and having an understanding of the city's program. But, I think in a situation like this, the best place to start is to have your wife contact the agency, department, whatever who runs this program, explain to them her situation, and see if they can give her any advice on how she should go about fulfilling her obligations.

 

[QUOTE]Originally posted by bjohnston
I don't think anyone can give you an answer worth much without reading the contract in full and having an understanding of the city's program.

 

"I'm not signing anything without reading it or at least having someone give the jist of it."-Homer J. Simpson

 

First principle of contract law:

"No one ever asks you to sign an agreement for your protection."

You have to look at the detailed language in the agreement, including any specific definitions of "underserved," etc.

The point above about deferral is a good one. If they define the available positions/areas and none are available, then you should be able to defer or be relieved of your obligation.

First step is to see what you can work out. Don't sign anything else without talking to an attorney. With $100k at stake, it will be worth the cost.