I quit my job 3 weeks ago, they are holding my last paycheck, and threatened legal action against me regarding the No Solicitation of Patients Agreement that I signed, saying that I'm soliciting patients. I've not solicited any patients, and I've turned in all my equipment. All my notes are turned in. At what point do I have a legal leg to stand on, for them to stop contacting me?

What is their proof that you did solicit, and what were you supposed to be soliciting for? If you are an RN this is serious if you signed a specific agreement.

Why don't we start with more information.

The minute you quit, did you cease all communication with any and all patients?
'No solicitation' can be broadly interpreted if you complained to anyone, because that means you trashed the reputation of the employer, thereby implying that the patient should get care elsewhere, even if you didn't specifically say anything about you.

Quote:

---

Originally Posted by tickle

What is their proof that you did solicit, and what were you supposed to be soliciting for? If you are an RN this is serious if you signed a specific agreement.

Why don't we start with more information.

---

I am an LPN, and they don't have proof- because there isn't anything. They are withholding my last paycheck, and being a single mom- the check is a significant amount. They threatened me in person, and sent me a letter instead of a paycheck. And honestly- if they would pay me, I don't care if they send a letter everyday. I don't want a lot of drama from them- just my last pay

Quote:

---

Originally Posted by joypulv

The minute you quit, did you cease all communication with any and all patients?
'No solicitation' can be broadly interpreted if you complained to anyone, because that means you trashed the reputation of the employer, thereby implying that the patient should get care elsewhere, even if you didn't specifically say anything about you.

---

No. I haven't talked to any patients. A pt contacted me, I immediately referred them to the main office number

Then I would suggest that you go to the state licensing board, the Dept of Labor, and the state AGs office of Consumer Protection (although that last one might not help, since it's mainly for products). Perhaps a large law firm that has some pro bono hours. You can't go to a lot of free law clinics unless you are the defendant, so places like the ACLU are probably out.
What do you think the basis of all this is? Spite and anger about why you quit? How big an employer are they?

Quote:

---

Originally Posted by joypulv

Then I would suggest that you go to the state licensing board, the Dept of Labor, and the state AGs office of Consumer Protection (although that last one might not help, since it's mainly for products). Perhaps a large law firm that has some pro bono hours. You can't go to a lot of free law clinics unless you are the defendant, so places like the ACLU are probably out.
What do you think the basis of all this is? Spite and anger about why you quit? How big an employer are they?

---

I'm not quite sure what the basis is- its not a big company. They do have a high turnover with nurses, and when I left- I just wanted (and still want) to be done. Like I said, all my stuff is turned in. It should be a cut and dry situation, but when someone owes me $1000, it's difficult not knowing if they are going to pay me

The basis is failure to pay you for hours worked - I'm not even sure they can withhold your salary if you DID take patients with you (and I realize you did not).

Call Wage and Hour (or whatever it's called in Texas) and ask.

In most states, they cannot withhold a final paycheck beyond the regular payday. So you go to the Dept of Labor and tell them and ask how you get your final pay.