Is the noncompete still enforcable for nursing?

I worked as a nurse for a home health agency and one day, after being there for 10 months, my employeer asked me to sign a noncompete clause or be terminated. I was still terminated within a week. As per nursing law and responsibilities, I informed my patients that I would no longer be caring for them. I did not inform them that I had another position and where I was going. Some of the patients stated that they didn't want another nurse and that they wanted to go with me to the other agency. I informed them that they had to cancel their services with the current agency first. I still did not tell them where I was going. If they cancelled then that was fine but if not I didn't care either. Am I still responsible for the noncompete?

1 answer  |  asked Jul 17, 2011 7:19 PM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
Non-competition agreements are generally enforceable in Ohio provided they are crafted to protect the legitimate interests of the employer and not to merely interfere with normal market competition. I am not aware of any blanket exception for nurses.

You should consult with an employment lawyer near you and bring all of the related information to discuss. You can make a more informed choice on whether to let it go and expire or to ignore it.

You can select an attorney near you at: www.oelasmart.net

posted by Bruce Elfvin  |  Jul 18, 2011 10:50 AM [EST]

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