Non Compete clause...legal?

  1. 0
    Hi, all!!

    I have been an LPN for 29yrs and started working for a few agencies over a year ago. Upon hire, I made it clear that I was enrolled in Excelsior College and would be an RN as soon as humanly possible. They were all THRILLED and said I could work as an RN as soon as I had my license. I have worked steadily and happily through these agencies and have never had a problem.
    I have kept the agencies updated as to my progress through college, so it was no surprise when I told them I was sitting Boards last Monday. Everyone at the agencies told me how excited and proud they were of me.

    Well, I just got my license a few days ago, and after many discussions that literally changed on a daily (sometimes hourly) basis here's the conclusion :

    1) I can't work as an RN unless the facilities OK it because I don't have a year experience--even though the facilities have me in the system as an RN and I've worked in that capacity since I got my temp license two weeks ago

    2) I can work as an RN but will not get RN pay------ HUH???????? I've been doing THAT for 29 years-that's the reason I GOT my ADN !!!!

    3) I cannot hire on as an RN at any facility I've worked as an LPN through the agency. Ummm, I don't think they can enforce this. I hired on as an LPN, THEY said I could work for them as an RN, I got my RN, now they won't let me work for them as an RN, and if they do let me work as an RN they won't pay me, BUT... they won't let me work for anyone else as an RN either.

    I've been offered an RN position at EVERY FACILITY I'VE WORKED AT so far. I've even been offered a weekend supervisor position.

    I just can't win. I'm seriously thinking of returning my license and applying for a job at Wal Mart.
  2. 3 Comments so far...

  3. 1
    I would take a closer look at your original contract with the agencies. I am sure they have you as a job description of being an LPN. Because of you now being an RN. I think you would have to complete a new contract, competencies etc. for a RN. This should make your original contract null and void.

    If you have a legal friend, I'd ask them for advice. Maybe you can get a new agency. Turning in your license for a yellow smily sticker is NOT an option. You have worked too hard.
    JanWrotenRN likes this.
  4. 0
    Quote from daydreamer7130
    I would take a closer look at your original contract with the agencies. I am sure they have you as a job description of being an LPN. Because of you now being an RN. I think you would have to complete a new contract, competencies etc. for a RN. This should make your original contract null and void.

    If you have a legal friend, I'd ask them for advice. Maybe you can get a new agency. Turning in your license for a yellow smily sticker is NOT an option. You have worked too hard.

    Yeah...I agree.
  5. 0
    They can't have it both ways. Seek a legal opinion. You have job offers. Resign if you must. I wouldn't work one more day at LPN pay for these unethical people.


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