Can I work for another contract rehab agency & be placed at the same location as my current agency?

I am currently working for a Contract Rehab Services agency that is based in MA as a Contract PT. They placed me in a facility in E. Providence. Originally I was supposed to be doing Early intervention when I returned from maternity leave but supposedly the EI agency I was going to work for in Pawtucket backed out of the contract the day before I started back to work. So they had to find another placement for me quickly so they found this nursing home in East Providence, RI that was looking for PT help. I enjoy the people I work w/ & the hours work great w/ my daughter's daycare provider & it is 15 min from my daycare. However, I have realized from talking to the other therapists I work w/ at the facility that I am being reimbursed significantly lower than the going market rate. I spoke w/ an Occupational therapist that is a contract therapist her self at the facility through this company, Compass Rehab who is now offering me a job and she makes significantly more than me per hour. Occupational therapists typically get paid less than Physical Therapists because they go to school for less years & have less responsibility. Also, the PT assistants working at this facility, whom only go to school for 2 years are making the same amount as me and I went to school 7 years & have my doctorate degree. I also am not happy w/ my current company. A lot of things I was promised upon hire have not happened including a $5000 sign on bonus I have not seen.
Anyways, why I am explaining all this is that I have been offered a job w/ the contract agency Compass Rehab that the Occupational Therapist where I am working at is employed through. This Compass Rehab contract agency already has an existing contract w/ the nursing home I am at in E. Providence. However, I signed a non-compete contract w/ my current company. I would appreciate it if you could give me your opinion on the language of the non-compete I signed and let me know if you think it means that I can/can not work at this nursing home through this other agency, Compass Rehab. I feel that if Compass already has an existing contract w/ the nursing home that I am not taking business away from from my current company by working for Compass. I know that I can not work directly for the nursing home because that would be taking business away from them. Here is the non-compete section verbatim that I signed, if you could give me your opinion on this that would be greatly appreciated!

"Non-Competition"
"The Employee expressly covenants and agrees (which covenant and agreement is of the essence of this Agreement) that during the period of employment and for a term of one (1) year following the termination of employment by the Employee, irrespective of the cause of such termination and whether voluntary or involuntary or by mutual agreement or otherwise Employee will not, directly or indirectly, for himself/herself or as agent of, on behalf of, or in conjunction with, any person, partnership, association, entity or corporation (whether for profit or nonprofit) solicit, divert, take away, in any way the customers and/or contracts, accounts of the Agency or the business, patronage or donations (including without limitation the amount and/or frequency thereof) of such customers, contracts or accounts. For purposes of this Section the term "Customers" means those individuals or business entities who have or had signed or will sign an agreement for services with the Agency during the period of employment."

0 answers  |  asked Oct 13, 2009 08:50 AM [EST]  |  applies to Massachusetts

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