Is there any way to get around this non-compete problem...????

I was recently terminated from a home health company in Illinois. It was my first job as a nurse. I thought I was very careful about reading everything before i signed it. apparently not.
I got a new job about a week later and then i got a letter from my former employers attorney stating i signed this agreement and am in violation of such. I am terrified. One of the people who had been my patient was extremely upset i was no longer their nurse and called to cancel services with my former employers. She is calling me and wanting to know where I work so she can get services from them. I never contacted her. Its been 2 days since I received the letter from attorney. Do I need to resign my current job???? What do I do? It stated I cant perform services (nursing) for a 25 mile radius from anywhere i performed duties before..and I cant Contact former patients. which I haven't. My old office is in ****** Illinois and the new company is 46 miles away. I'm so confused and scared. How will I support my family.. I called attorney who sent letter and requested copies of all pertinent doc that I allegedly signed. But I need to know how to proceed..Should I resign? and file for unemployment? I've never been terminated from a job so this whole thing is very frightening. Thank you for any suggestions...

1 answer  |  asked Dec 18, 2013 8:29 PM [EST]  |  applies to Illinois

Answers (1)

Anthony Cameron
I am just leaving for court so I can't be very comprehensive. Let me ask you three questions that are vital in the analysis of your problem:
1. Did you sign an employment contract at the first job?

2. Were you paid anything specifically for signing the non-compete?

3. Exactly How long did you work at the first job.

Subject to your current lawyer's advice, quitting or doing anything sudden or rash right now would be a poor decision. Please answer these questions and I will try and direct you further. It would be helpful if you also provide the community in which you live. Is your current lawyer a MEL panelist?

I will be done with court this early afternoon and will check back for your answers. I am 300 miles from you but I will help you get on the path most likely to lead to a decent outcome.

Finally, if you have a scanner capability, put up the non compete with the names redacted. It's amazing how many variations are floating around.

Sorry for your consternation. As if nurses' lives aren't stressful enough as it is.

Tony Cameron
Quincy Illinois

posted by Anthony Cameron  |  Dec 19, 2013 08:21 AM [EST]

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