Can the 180-day non compete clause be enforced that we all signed, no trade secrets involved.

A home health care agency in NJ has 6 nurses that attend to a pediatric case that is federally funded. The mother and father choose to leave this agency and go to another one where 2 of her 6 nurses also work. Mom and Dad have been very unhappy with the first home health agency for a while, tried to work with them but got fed up with them and went to the home health agency where the 2 nurses worked as well.
Now, the home health agency that had the case is harassing (questioning whether or not we coerced or had undue influence over the parents to go to this other agency.) One nurse did not know that mom and dad were changing agencies, the other 3 did and were going with the patient for continuity of care; however, 1 changed her mind and caused problems.

1 answer  |  asked Dec 7, 2011 3:17 PM [EST]  |  applies to New Jersey

Unlock Non-Compete Agreements: Keys to Escape

Answers (1)

Doris Dabrowski
Your description suggests that the employer-party to the non-compete agreement accuses the nurses of soliciting clients. Does the agreement include a non-solicitation clause? Courts usually interpret agreements that restrict trade narrowly to protect legitimate interests of the parties.

If the former employer is creating difficulties for former employees and/or the parents, I urge the affected parties to ask a lawyer to review the signed agreement(s) and the particular factual situation.

Doris Dabrowski
licensed in Pa. and N.J.
1525 Locust St., 14th floor
Philadelphia, Pa. 19102

posted by Doris Dabrowski  |  Dec 7, 2011 4:49 PM [EST]

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