Under what conditions can a non-compete be violated?
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Under what conditions can a non-compete be violated?
I am a registered nurse that cares for a client in their home. I was placed through a staffing agency. The patient is dissatisfied with the staffing agency and would like to switch companies but is concerned that he will lose his current staff due to a non-compete agreement the nurses signed. If the nurses who want to stay on the case hire in with the new agency, would that violate the non-compete?
Asked on September 13, 2011 under Employment Labor Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
There is no general answer to your question: it depends entirely on the terms of the non-competition agreement. A non-competion agreement barring a nurse from continuing to see the same clients/patients, either through a different company as an employee or contractor, or on her own (e.g. as a "freelance" nurse or independent contractor, or by starting her own nursing business) would certainly be legal and enforceable. Therefore, you have to review the non-competition agreement(s) to answer this question.
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