Terminated illegally I believe

Nurses General Nursing

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I am going to try to make a very long story short. I was terminated Friday because I would not sign a non-compete agreement which was very vague and given to us with no explanations and a dead-lineo f 2 days to sign and if we didn't we are fired. Oh yeah, I work at an LTACH for 6 very rocky months as a nurse manager. The place is run awfully by a non-clinical CEO who decided to do this out of no where. i knew my job wasn't safe there, and this non-compete agreement would have not let me work within 10 mi of "Company" for 2 years after termination or leaving. There are many hospitals within a 10 mi radious, inclusing the one I left and started my career at to take this job.

I made a meeting with the CEO to ask for an amendment to the agreement before I sign. He is trying to say we can't work at another LTACH, but the agreement just says "company" he took this opportunity to go off on me, tell me I was doing a crappy job, and told me if I do not sign, I am terminated. I told him I would not sign unless he amended it to say LTACH. He said, fine then you are terminated. In front of the director of HR I made him say he was terminating me for the reason of me not signing the agreement. He was very clear about that. he said as of that day I was terminated and have 2 weeks.

SO, later HR (I am friendly with her) calls and tells me he will forget everything if I sign the agreement. I say no. not unless it is ammended, and after the attack, I don't feel safe signing it, he'll just fire me for other reasons. Then way later, my ex nurse manager form my other facility who works there also calls me and says he went into the office and sais he would not sign the agreement unless he changed it to LTACH. The CEO then says "sure, I'll change it" WTH? he told me he wouldn't and I should just take his word for it.

he wants to give me a chance now to sign the ammended agreement. I and others feel he is saying that because after he terminated me for not signing it, he consulted his lawyers, found out what he did was illegal and trying to go back on it now.

I have been told I have a case. I believe I do. I go back, then he fires me for a totally different reason. He terminated me for not signing the agreement without the ammendment THEN went and changed the agreement to exactly what I asked, and now is trying to save his butt by giving me a chance to sign it? Hell no!

So I will be talking to a lawyer on Monday. I was just wondering, should I go into work monday, even though he said I was terminated and had 2 weeks. Me going into work is simply me going as a terminated employee , getting my last paycheck and tying up lose ends, because i care aboutt he others I work with.

ANy thoughts at all on anything I wrote would be appreciated

Specializes in LTC,Hospice/palliative care,acute care.

Will someone PLEASE explain to me HOW in the world such an agreement can be enforced? ?Do they hold your pension after you leave?Hold back compensating you for unused vacay time until the two years h ave expired? I thought thst was illegal.

Specializes in ICU.
The employer must have been Kindred.

no, but an area competitor. I can't say the name though.....

I did apply at Kindred as a supervisor and got the most awful feeling about that place from the interview. They just kept asking me if I can handle strong peronsalities and people who don't want to do their job and negative attitudes. I can handle them, sure, but it seems like that was all there was around there!

Specializes in medical surgical.

I have been fired (for not charting at the correct time).

sorry, but my patient thought she was having an MI and I spent time with her. should I let her die next time? I have been DENIED unemployment benefits in my state. It is an at will southern state. They told us anybody can be fired any time for any thing. Also, they are mad that I stirred this up by contesting the unemployment (now they have to go to court). So they are now giving me a bad reference. I am very distraught. I am glad you are in a northern state where you may have more recourse.

Specializes in medical surgical.

MomRN,

Do not even say the city you are in. I am in a similar situation and afraid to say even the state online. All I can say is it is southern. Be very careful--we do not know who reads these boards. That a$$ you are talking about may even be on here. So please watch any clues that you give. I think I have already told too much about my facility on other threads (never named the city or state).

I wish you could get some legal council before work on monday. I agree with other posters that if they said terminated then that usually means immediately. Can you go buy a voice recorder? I would record any conversation if you do go in on monday...even if you cant use it legally in court in your state it will help you remember and explain exactly what occured and what was said.

Specializes in OB-Gyn/Primary Care/Ambulatory Leadership.
Will someone PLEASE explain to me HOW in the world such an agreement can be enforced? ?Do they hold your pension after you leave?Hold back compensating you for unused vacay time until the two years h ave expired? I thought thst was illegal.

They can sue for breach of contract and be awarded monetary damages.

Non-compete clauses are not that unusual - companies do them all the time.

Specializes in LTC,Hospice/palliative care,acute care.

I have not seen that in nursing in this area-I wonder how often they actually do follow through.Also I have to say that I did not realize there were so many former lawyers turned nurses on this board.What a valuable resource!

Specializes in Home health was tops, 2nd was L&D.

Unfortunately in a at will state, that CEO can fire you period. So you may have no recourse. Lawyers will usually speak to you for free the first time but good you have an in with one. When you get unemployment you can not work to make up the difference. What you make will either come off your check or will make you ineligible for unemployment period.

Funny thing is I worked years ago for LTACH in East TN for a CEO who must know your CEO..did not get fired but he was unusual. WE all moved on about the same time. I did get fired once in LTC because DON did not like "my face"..honest she said that, her right as it was another at will state and she did not even have to give a reason at all!!!

I would stay definitely do not work at all for him anymore, he can do what he wants with allowing you to work 2 weeks..like you said he needs YOU. I would be afraid he would blame something on me in those 2 weeks and have you defending your license plus looking for a job.

Best of luck to you with this whole mess and hope you can find work quickly.

Specializes in OB-Gyn/Primary Care/Ambulatory Leadership.
I have not seen that in nursing in this area-I wonder how often they actually do follow through.Also I have to say that I did not realize there were so many former lawyers turned nurses on this board.What a valuable resource!

Are there? :confused:

Specializes in Home health was tops, 2nd was L&D.

Many time non-compete clauses are thrown out by court/judges due to a person needs to work.. and many are never attempted to be enforced..more to play on the upright honest person to police themselves. Yeah right! Sometimes new employers will pay old one $$ to buy one out of the non-compete. It is unusual to be asked to sing on after already working someplace..usually this is a to be Hired condition.

Specializes in Home health was tops, 2nd was L&D.

Sorry above post is " in my opinion" as my mother was HR manager in healthcare and business for her lifetime career.

Specializes in ICU.

I am in the middle of my employment. It was not presented before I took the job. Even if they are normal, i would have only signed it if he would have ammended.

I will take tomorrow off, unfortunatley can't speak to a lawyer until tuesday actually, my uncle is away with my dad and they said he can get him to call me first thing tuesday. I will call the NJ deprtpent of labor, see what I can do about my unemployment, what happens if I work a shift or 2 per-diem. I think I can as long as I am not making too much. I don't even have the per diem job right now.

It's crazy. I am scared to go back and work there. No doubt. I am scared for my license to be sabatoged now, he is that sick in the head. It's a sad situation.

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