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    doverslight's Avatar
    doverslight Posts: 5, Reputation: 1
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    #1

    Nov 11, 2008, 04:40 PM
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Nov 11, 2008, 05:26 PM

    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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Nov 11, 2008, 05:59 PM

    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.
    doverslight's Avatar
    doverslight Posts: 5, Reputation: 1
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    #4

    Nov 11, 2008, 07:00 PM
    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
    doverslight's Avatar
    doverslight Posts: 5, Reputation: 1
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    #5

    Nov 11, 2008, 07:01 PM

    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
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Nov 11, 2008, 07:05 PM

    Did they offer to reassign you to other branches?
    doverslight's Avatar
    doverslight Posts: 5, Reputation: 1
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    #7

    Nov 11, 2008, 07:08 PM
    They offered some private duty cases that are too far awat from our home.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Nov 11, 2008, 07:11 PM

    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.
    doverslight's Avatar
    doverslight Posts: 5, Reputation: 1
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    #9

    Nov 11, 2008, 07:20 PM
    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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