I work for a home health care company and only work for one specific client. The client is going to drop this agency I work for and is trying to get all of the nurses to sign with the new agency she has chosen. We all signed a non compete agreement. it sa

We (the nurses) got a letter from the prospective employer stating that we have nothing to worry about and we can go to work for them and not worry about a law suit. The current company sent us a letter that said we should seek legal counsel before decided to work for the prospective company. Who should we believe?

3 answers  |  asked Aug 4, 2016 11:37 PM [EST]  |  applies to Pennsylvania

Unlock Non-Compete Agreements: Keys to Escape

Answers (3)

Andrew Abramson
It is essential that you retain an attorney an attorney to review the Agreement and advise you and the other employees. Your interests and the present and future possible employer's interests are not the same and you need someone looking out for your interests. For more information on non-compete agreements in Pennsylvania see this link: http://www.job-discrimination.com/noncompete-agreements.html

Andrew Abramson

posted by Andrew Abramson  |  Aug 5, 2016 07:01 AM [EST]
Scott Leah
I agree, you should not necessarily listen to either your current or your future employer's version of what any agreement provides. You should seek your own counsel. I am in Pittsburgh. I f you want to contact me, I would be happy to review this for you. 412-594-5551.

posted by Scott Leah  |  Aug 5, 2016 05:44 AM [EST]
Christopher Ezold
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law applies, unless otherwise specified.

That being said, you should speak with an employment attorney. I've represented both home health care agencies and workers in noncompete disputes - these incidents are growing as home health care is growing. Just because your client leaves your agency does not mean your noncompete is not enforceable - but noncompetes do have a higher set of legal requirements to meet to be enforceable than regular contracts. They are frequently not drafted correctly, or are unenforceable for other reasons. You should know what the risks of competing are before you leave.

/Christopher E. Ezold/

posted by Christopher Ezold  |  Aug 5, 2016 05:01 AM [EST]

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