This concern a home health aide. Agency threatens to sue fired caregiver if caregiver works for the same elderly patient.
No signed contract. Agency fired caregiver for no good reason. Agency wants to put agency owner relative as the caregiver. Elderly patient would like to hire fired caregiver. Agency threatens to sue fired caregiver.
In many States a company/employer does not have to give a reason to fire an employee. Work At Will means that the employer OR the employee can end the employment relationship at any time for any reason, as long as that reason isn't illegal.
If this caregiver signed a No compete clause at any time the agency can sue the caregiver. Generally a No Compete clause is in the employment contract or it may have been in an employee handbook that the employee signs indicating they have received the handbook and will comply with the rules.
The No compete clause may be in effect for a specific period of time most likely 1 year. It could be more or fewer.
If the client does not want the replacement caregiver and there are no others that would be acceptable the client can find another agency.
We had our employees sign no-compete contracts even though our attorney told us they are difficult to enforce. It's more a psychological tool than anything else. It was to prevent them from gutting out client base. Ours stated that the contract was in effect when the person "left our employment" -- it didn't matter how they left, but every entity can customize their contracts. Also, if the agency signed the contract with the patient/client, they don't have grounds to "sue" the ex-employee. Legal action would only happen between whoever signed a contract.
If there's truly no signed no-compete contract then there's nothing to sue over. Are you *sure* there's no signed contract? It's pretty common practice at agencies to have new hires to sign such a contract. Again, if there's no contract, call their bluff and let them try to sue. If they lose they have to pay both parties' legal fees. Are they aware of that?
4 Answers
Helpful Newest
First Oldest
First
Work At Will means that the employer OR the employee can end the employment relationship at any time for any reason, as long as that reason isn't illegal.
If this caregiver signed a No compete clause at any time the agency can sue the caregiver.
Generally a No Compete clause is in the employment contract or it may have been in an employee handbook that the employee signs indicating they have received the handbook and will comply with the rules.
The No compete clause may be in effect for a specific period of time most likely 1 year. It could be more or fewer.
If the client does not want the replacement caregiver and there are no others that would be acceptable the client can find another agency.
ADVERTISEMENT