Does client choice or poor patient care a loophole around a non compete in home healthcare industry?

I worked at a pediatric home health company in charge of the operations side for one of their offices. They had me sign the non compete without giving me time to review or give me a copy. Since the business involves coordinating the nursing for medically fragile children in their home, I took what we did very seriously. However, as the company continued to grow, they were beginning to force me to do things I did not morally agree with, like continue to start new patients knowing we did not have the staff (nurses) to adequately provide the level of care necessary for the new patient as well as would sacrifice the level of care for our current patients because we would have to pull nurses off current patients to put on new patients to make the hospitals that were discharging the new patients happy and continue to send us business. These are sick kids and I could not sleep at night knowing the decisions that the company was making that out their care in jeopardy. Even though I told my boss several times I did not agree with this, I was continuously ignored. Then things escalated to the point where the state agency that oversaw what we did suspended the offices license to operate because of what they called and "immediate threat" involving patient care". They wouldn't listen to me so I could no longer be apart of this, and gave a 4 week notice to help get the office through the licensing issue. While the license was suspended, they still continued to try and start patients even though they were told not to by the state by starting them under other offices licenses (very shady). They are a big company and paid lawyers big bucks to get the suspension lifted but nothing changed as far as what they are doing that got their license suspended in the first place. Does any of that plus the fact that patients have the right to switch/chose whatever company they want to provide care for them at any time present any loop holes for me to start my own home healthcare company? I am not trying to get rich, just give these kids the level of care they deserve and the old company I worked for and others in the industry are all greedy and don't care (it's really sad). I know I need to consult an employment lawyer in my state but I just want to know if there are any possible loop holes to get around my non compete because there are sick kids out there that can live longer and better lives if given proper care, not by companies that are greedy and only care about bigger profits over better patient care. They have had people leave and start a business of their own before, and have sent cease and assist letters to try and scare them but never actually followed through with anything (but I don't know all of the details in those cases). Any advice would be greatly appreciated. Thanks!

0 answers  |  asked Jan 16, 2016 12:48 AM [EST]  |  applies to Texas

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