Legal Question in Business Law in California

You should have the contracts reviewed by an attorney. If the first contract is legally "sound" and signed by both parties, it is probably binding as to the rate of pay for its duration; however, employment contracts are frequently full of what must be regarded as 'escape clauses' in that the employer retains fairly extensive rights to discharge the employee and sometimes to make unilateral changes in the rate of pay. In California, an employment agreement generally only locks in the employer for payment of the agreed wage for hours already worked, and the pay rate can be changed immediately upon the giving of notice. Of course, this is not always the case, and for a traveling nurse a fairer provision would probably be that the pay rate will not change during the course of a trip -- but it all depends upon what the (first) contract says. That's assuming it was all 'legal' and went into effect. A party to a valid and effective contract cannot unilaterally substitute a different contract with less generous terms on his own whim. As to cashing the check, make sure it does not contain any wording to the effect that by cashing it you accept it as payment in full. Then add words such as "Accepted as partial payment" above your endorsement on the back.

If you have a signed contract, it is enforceable, so feel free to contact me to discuss the actual facts, and your rights.