Can a fired employee then be rehired by me without violating nocompete clause?

My elderly mother received in home healh care from a company. One of their caregivers was terminated by the company, and then hired by the family as a independent contractor providing the same health care. Due to his firing, does the no compete clause still apply?

1 answer  |  asked Jun 21, 2015 6:18 PM [EST]  |  applies to Missouri

Answers (1)

Neil Klingshirn
If you were in Ohio, the answer would depend on the language of the agreement between the home health care company and the caregiver. If it states that the restrictions on caring for former home health care company patients exist for a period of time following the caregiver's termination of employment, without specifying that they exist only following a termination of employment by the company, then the restrictions likely apply even though the company fired the caregiver.

The law in Missouri may be different from that in Ohio, so consult with an employment attorney licensed to practice there.

posted by Neil Klingshirn  |  Jun 22, 2015 12:53 PM [EST]

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