Non-compete clause - travel nursing

[mandysue1211]

Hey all! Got a question about a non-compete clause in my travel contract. The clause states that for 1 year I can only work at that facility through this particular company. I started my assignment in May and then extended another 13 weeks through November. I really love the facility but feel like I can get much better compensation and benefits with a different agency. I've been back home for about a month and not employed by that agency anymore. If I wanted to go back out to that facility through a different company, 1) how would my previous company even know? Isn't it illegal for a hospital/company to give out information on its employees? And 2) how can they enforce something from a contract that has been completed? It does explicitly state that I am an employee of the travel company only for the duration of the assignment. Also, I spoke with the hospital and they said that their contract with the agency does NOT have a non-compete clause and that they have no problem taking me back with a different agency. And, finally 3) what sort of repercussions could I face if the agency did somehow find out that I violated their non-compete clause? Thanks for any info!

[BabyLady, BSN, RN]

The purpose of that particular non-compete clause language is to prevent THAT facility from hiring you directly, thus bypassing any profit that the travel agency would have received.

Similar clauses are found in different professions such as regular temp agencies, etc.

So, if you went to work for a different travel agency, even if they found out, they are unlikely to pursue any action. Yes, you are correct that it is difficult for them to find out unless they were specifically doing a search on you. However, you may easily run into someone from the agency that you know.

I would read over the contract again and possibly consult with an attorney.

[mandysue1211]

Thanks for the reply, BabyLady! I am actually trying to find some sort of free legal hotline or website I can consult. I did read a post on one legal advice website very similar to my situation where the poster was being sued by her former travel company for 40K. Yikes! Anyway, here is the exact clause with company name omitted: "I understand that for a period of one year after the end of this assignment, I will be unable to accept a contract employment opportunity at this facility location--other than through (company), (company) will not refuse consent to such a contract employment opportunity, so long as payment of a reasonable conversion fee is made by the client company."

[racing-mom4, BSN, RN]

Prior to becoming a nurse I was a recruiter and hired direct and contracted employees...so I have some exp with the standard non compete clauses.

You would be in violation if you joined this work force either as a direct hire or through another agency. they may not come after you per say (little pockets) they would though go after the hospital (big pockets) the only legal and ethical way around it is if the hosp "buys" out your contract---even though your not employed there now, your still under contract for 12mos.

Say you joined this hosp through another agency and agency 1 found out --and they will. then agency 1 has a clear and simple case agaisnt the hosp--you will be immediatly out of a job and the hosp will be stuck with a large bill. or the hosp will keep you and they will pay an even larger bill/debt.

In my opinion not the best way to start a working relationship.

So my adivice is call into the Hospitals HR and tell them you loved working there, felt at home there. You are currently under a non compete with agency 1 and ask them how they could go about hiring you.---Most hosp now a days in my area are offering sign on bonus maybe you could suggest waving yours and applying it to the fee the agency will charge.

Every thing in todays world is negotiable the agency MAY NOT even charge a fee, maybe they will wave the fee for a set amount of new placements etc etc.

Still always best to be upfront and honest though. You will sleep better at night.

best of luck!!

[ghillbert, MSN, NP]

Check your state labor laws also - some are very much against non-compete clauses as they are "trade restrictive" and do not permit you to do your job. It is notoriously difficult for companies to collect anything from non-competes in this case and they usually save it for very expensive executives where their bottom line is going to be affected severely.