I don't see how this could possibly be legal. https://www.postcrescent.com/story/news/2022/01/21/what-we-k...ThedaCare requested Thursday that an Outagamie County judge temporarily block seven of its employees who had applied for and accepted jobs at Ascension from beginning work there on Monday until the health system could find replacements for them.
Here’s the shocking part to me: Outagamie County Circuit Court Judge Mark McGinnis granted ThedaCare's request and held an initial hearing Friday morning. The case will get a longer hearing at 10 a.m. Monday.It looks to me like the judge has turned these employees into virtual paid slaves, telling them they cannot choose to switch employers. I’d love to know the legal rationale behind this. —Peter
I’d love to know the legal rationale behind this.Sure. The ruling didn't say the employees weren't allowed to quit. It just said that they couldn't work for that one, specific competing employer until there was a full hearing on whether their current employer had the right to keep them from going to a competitor.It is almost impossible to compel someone to affirmatively work for an employer under an employment contract (legally, getting an affirmative injunction to compel specific performance under the agreement). It is much, much easier to get a negative injunction prohibiting them from working for someone else. Albaby
I’d love to know the legal rationale behind this.Sure. The ruling didn't say the employees weren't allowed to quit. . . It is much, much easier to get a negative injunction prohibiting them from working for someone else.LOL. Okay, I would love to know the legal rationale behind prohibiting them from working for someone else. Don't Americans cherish their free market economy? Free for large companies but not for individuals apparently.
Don't Americans cherish their free market economy? Free for large companies but not for individuals apparently.Companies and individuals are free to agree to a noncompete arrangement, under which a condition of their employment is that the employee will not work for a competitor in the same market area for some amount of time after leaving their job. These provisions can be the subject of enormous abuse, and many states regulate them (either directly by statute or through various court doctrines). But AFAIK, all states permit their use. They're not uncommon among medical professionals in group practices here in Miami (several of my doctor friends had to navigate around them while making moves), but things might be different in Wisconsin.Albaby
Found another article that contains some very important infoEach of them were employed at-willhttps://www.msn.com/en-us/news/crime/what-to-know-about-the-...
Each of them were employed at-will, meaning they were not under an obligation to stay at ThedaCare for a certain amount of time.
I expect the Judge to rule soon that the employees can change jobs if they want, and is just giving all parties a few days to make their best arguments and negotiate. There is no mention of a non-compete agreement. ThedaCare is asking for time to find replacements. There might be some license regulation (these employees probably have state licenses) that applies to life-saving emergency jobs, but I doubt it. There is a labor shortage in the US, and so many employers should expect to pay more in wages. Corporate profits are high, and some of this can be used for higher wages in many companies.---- links ---"Generally speaking, non-compete agreements (also sometimes called non-competition agreements, or simply non-competes) are not enforceable in California against former employees."https://www.perkinsasbill.com/are-non-compete-agreements-enf....Limited X-Ray Machine Operator Permithttps://dsps.wi.gov/Pages/Professions/LimitedXRayMachineOper....Corporate Profits After Tax (without IVA and CCAdj)/Gross Domestic Producthttps://fred.stlouisfed.org/graph/?g=1Pik
There is a very simple solution.Pay your employees a living wage and stop abusing them. Then they won’t want to leave.You have no idea how the medical field can be to everyone but doctors. Low pay, long shifts, nonexistent vacation time. We charge more for healthcare than any other country. Who gets the money? Not nurses. Everywhere else in the world its like “decent human beings believe healthcare is a right for everyone” but in America it’s like “show me your insurance card.” and still lose your life savings. Our healthcare is broken and only Dems have even tried to fix it. ACA is a step. Republicans even tried to underfund and kill that. My own state refused money. “I’ll release my healthcare plan in two weeks “ Trump 2016.
I expect the Judge to rule soon that the employees can change jobs if they want, and is just giving all parties a few days to make their best arguments and negotiate. That would appear to be roughly what happened.https://www.postcrescent.com/story/news/2022/01/24/thedacare...Wisconsin health care workers will be allowed to start new jobs at Ascension after judge dismisses temporary restraining orderThe judge dropped the TRO and let the employees begin work at the new employer. The main case - the dispute between the two hospitals - will continue on.--Peter
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