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Dear Junah · Scenario

Starting Out · Earning

I came here as a nurse. My contract says leaving costs $30,000. Am I trapped?

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Dear Junah,

I came from Ghana as a nurse through a staffing agency. I earn $28 an hour while nurses on my unit earn $45. My contract says leaving early costs $30,000. Am I trapped?

Bound in Lubbock

My dear, you may have more power than you think. Some states now limit these penalties. Before you pay anything, get a free legal review, and keep every contract and pay stub.

Warm wishes, Junah

The short answer

Not necessarily. Courts and regulators have pushed back on stay-or-pay contracts: one federal court found a $25,000 nurse exit fee unenforceable and a violation of anti-trafficking law, and California and New York have passed laws restricting these clauses. Before paying anything, have a lawyer look at it at no cost, keep every document and your own passport, and plan your next step carefully.

By Junah Mpofu

More than 33 years in banking, including mortgage and credit lending, and a real estate portfolio of her own

Last reviewed

The question

Dear Junah,

I came from Ghana as a nurse through a staffing agency. I earn $28 an hour while nurses on my unit earn $45. My contract says leaving early costs $30,000. Am I trapped?

Bound in Lubbock

An illustrative letter.

The answer

My dear, you crossed an ocean to care for strangers, and now you feel caught. That is a heavy thing to carry through a twelve-hour shift. Let me say first what I most want you to hear: a number written in a contract is not always a number you truly owe. These agreements are being questioned by courts, regulators and lawmakers, and you have more options than the contract makes it seem.

What is a stay-or-pay contract?

It is a clause that makes a worker pay the employer, or a recruiting agency, if they leave before a set date. In nursing, these are often called training repayment agreements, recruitment fees or liquidated damages. The federal consumer protection bureau has warned that such clauses can trap workers in jobs they would otherwise leave, especially when the amounts are large and the workers have few other choices.

Can a $30,000 exit fee really be enforced?

Sometimes no. In one well known federal case, nurses recruited from the Philippines faced a contract fee of up to $25,000 for leaving early. The court ruled that the fee was an unenforceable penalty, and that using it to keep the nurses working violated federal anti-trafficking law, because it obtained their labor through the threat of serious financial harm. The agency and its owners later agreed to a settlement of more than $3 million.

Regulators have acted too. In 2025, New York's attorney general recovered more than $660,000 for nurses recruited from abroad. And some states now restrict these clauses outright: California's law took effect in January 2026, and New York passed its own. Every contract and every state is different, and Texas law will matter for yours, which is exactly why a lawyer should read it before you pay a cent.

What about the pay gap?

You are paid $28 an hour, and colleagues on your unit are paid $45. That gap may have an explanation, since agencies set their own pay. But if your contract promised a wage, hours or conditions you are not receiving, that matters. In the federal case I mentioned, the court also found the nurses had been paid less than their contracts guaranteed. Keep your pay stubs and your schedules, and write down what you were told when you were recruited.

Does leaving affect my immigration status?

That depends on how you came. Many nurses recruited from abroad arrive with green cards, and permanent residence does not depend on staying with one agency. Others are on temporary visas, where the rules are different and changing jobs takes more care. An immigration lawyer can tell you exactly where you stand, and that conversation belongs before any decision to resign.

One firm line, whatever your status: no employer may hold your passport or immigration documents. Taking them is a federal crime. Keep them yourself.

Where can I have the contract read for free?

  • Legal aid. Legal aid offices and law school clinics often help workers at no cost, and many handle employment and immigration questions.
  • Workers' rights groups and nurse associations. Nurses' organizations, including groups for nurses from Ghana and Africa, may know lawyers who have handled these contracts before.
  • Wage questions. The U.S. Department of Labor's Wage and Hour Division takes complaints about unpaid wages, at 1-866-487-9243.
  • If you are threatened. If anyone threatens you with deportation, debt or harm for leaving, or takes your documents, call the National Human Trafficking Hotline at 1-888-373-7888. It is confidential.

What should I do before I decide anything?

Do not sign anything new, especially a promissory note or a revised agreement offered to you in a hurry. Do not pay any part of the fee until a lawyer has read the contract. Gather every document: the contract, your offer letter, recruitment messages, pay stubs and schedules. And if you can, keep working while you get answers, and begin setting aside a small cushion. A month or two of savings gives you room to choose rather than react.

Will I find other work if I leave?

Your skills are in demand. The Bureau of Labor Statistics put the median pay for registered nurses at $97,550 a year in May 2025, and it expects nursing jobs to grow about 6 percent over the coming decade. Pay varies by state, setting and experience, but that national figure is worth holding next to your $28 an hour. It is a reminder that the contract is not the measure of your worth.

Before you leave, make sure your Texas license is in good standing and that you know what any new employer, or another state's board, would need from you.

How do I protect my license and my future?

Leave well, whenever you leave. Give whatever notice the law and your contract properly require, finish your shifts, and hand over your patients safely. A clean exit protects your nursing license and your reputation, which are worth far more than any agency contract.

You came here with a profession the country badly needs, my dear. That gives you value and choices, even on the days it does not feel that way. Take the contract to someone who can read it with you, and let the next step be one you choose with your eyes open.

Before you pay the fee or resign

  • Gather every document

    Contract, offer letter, recruitment messages, pay stubs and schedules, in one folder.

  • Keep your passport and immigration papers

    No employer may hold them. Taking them is a federal crime.

  • Write down what you were promised

    Pay, hours, housing and duties, compared with what you actually receive.

  • Sign nothing new

    Especially promissory notes or revised agreements offered in a hurry.

  • Book a free legal review

    Legal aid offices, law school clinics and workers' rights groups often help at no cost.

  • Speak to an immigration lawyer

    Confirm how leaving would affect your status before you resign.

  • Know who to call if threatened

    National Human Trafficking Hotline, 1-888-373-7888. Unpaid wages: Wage and Hour Division, 1-866-487-9243.

  • Build a small cushion

    Even one month of expenses saved gives you room to choose your next step.

Questions people ask

Are stay-or-pay contracts for nurses legal?

It depends on the contract and the state. California's law restricting stay-or-pay clauses took effect in January 2026, and New York passed its own. Elsewhere, courts may still refuse to enforce a fee that works as a penalty, and a federal court found that one nurse staffing agency's $25,000 exit fee violated anti-trafficking law. A lawyer can review your specific agreement under your state's rules.

Do I have to pay the early termination fee if I quit my nursing contract?

Not automatically. Courts look at whether a fee reflects a genuine estimate of the employer's losses or works as a penalty to keep you from leaving. Some fees have been found unenforceable, and some states now restrict them. Before paying anything, have a lawyer, legal aid office or law school clinic review the contract, your pay records and what you were promised.

Can my employer keep my passport?

No. It is a federal crime for anyone to hold or destroy another person's passport or immigration documents to keep them working. Keep your documents in your own possession. If an employer or agency has taken them, or threatens you for leaving, you can call the National Human Trafficking Hotline at 1-888-373-7888, which is confidential.

Will leaving my staffing agency affect my green card?

A green card holder's permanent residence does not generally depend on staying with one employer, although the details of how and when someone immigrated can matter. Workers on temporary visas face different rules, and changing jobs can affect their status. An immigration lawyer can review your situation before you resign, which is the safest order to do things in.

Three things to take away

  1. A fee in a contract is not always a fee a court will make you pay.
  2. Keep your passport, contract and pay stubs, and sign nothing new in a hurry.
  3. Get a free legal and immigration review before you resign or pay a cent.

One thing to do this week

Gather your contract, offer letter, recruitment messages and pay stubs in one folder, and book a free review with legal aid or a law school clinic.

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