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-   -   Non compete contract (https://www.askmehelpdesk.com/showthread.php?t=279819)

  • Nov 11, 2008, 04:40 PM
    doverslight
    Non compete contract
    Please we need your help, our company claims that they have a non compete contract signed by us and they have closed our doors and our office, leaving us without a job the day before thanks giving, we have ask for a copy of said contract ,they claim that they have sent it to a lawyer and that we will need a lawyer to obtain it, we do not believe we ever signed such a paper and if we did it was certainly never explained to any of us, we are nurses and have patients in a retirement center who need us and we have such a wonderful relationship with these elderly people, and even though another nursing registry will be coming in and taking over our office the company that we work for says we cannot work for that other company , in order to stay with our patients leaving us without a job period. We are devastated, and have no money for a lawyer, Nurses to go is the company who is being so uncaring and unprofessional and rotten to us. Please help us?

    Joyce Johnson and
    Jennifer Ferguson.
  • Nov 11, 2008, 05:26 PM
    ScottGem

    If they have shut their company then there is nothing to compete with. They may have held you to a non compete if they were still operating, but they can't do it if they have closed their doors.

    I'm wondering however, if they lost the contract for the home and expect to get a new contract and don't want to lose their workers until they do. But in that case, I think they have to pay you.

    I would suggest consulting a labor lawyer for their opinion.
  • Nov 11, 2008, 05:59 PM
    Fr_Chuck

    If they went out of business the contract is void. Also if there is a contract they are required to show you a copy, the lawyer has to supply you a copy.
    They are lying for some reason it sounds like.
  • Nov 11, 2008, 07:00 PM
    doverslight
    Thanks so much for your response, The business itself did not go out of business, just our branch at the retirement home , we had a nursing office there,and that is what closed
  • Nov 11, 2008, 07:01 PM
    doverslight

    I can not find a link to reply to your answers, Im sorry . I need your help desperately and whatever answers you send are all in some way helpful
  • Nov 11, 2008, 07:05 PM
    ScottGem

    Did they offer to reassign you to other branches?
  • Nov 11, 2008, 07:08 PM
    doverslight
    They offered some private duty cases that are too far awat from our home.
  • Nov 11, 2008, 07:11 PM
    ScottGem

    Well they have to show you any documents you signed if they expect to hold you to it. Until you see what the document is we can't advise further.
  • Nov 11, 2008, 07:20 PM
    doverslight
    Quote:

    Originally Posted by ScottGem View Post
    If they have shut their company then there is nothing to compete with. They may have held you to a non compete if they were still operating, but they can't do it if they have closed their doors.

    I'm wondering however, if they lost the contract for the home and expect to get a new contract and don't want to lose their workers until they do. But in that case, I think they have to pay you.

    I would suggest consulting a labor lawyer for their opinion.

    They only shut our branch that was in the retirement home.

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