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6 month non-compete clause for home caregivers

Discussion in 'Employment Contracts & Work Policies' started by Frhorton, Jun 6, 2013.

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  1. Frhorton

    Frhorton Law Topic Starter New Member

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    I work full-time (and over) for a national franchise company as a non-medical home caregiver. I've been with the company for a lil over a year now.

    This office is notorious for running their employees into the ground as far as hours. It's not unusual to work 45-50 hours or to be asked to work an overnight shift followed by a day shift, another overnight and another day, essentially a double shift times two.

    A few months ago the client liaison quit from being burnt out. The new one is a 21 year old girl with no experience at scheduling or dealing with clients. She has repeatedly lied to clients, caregivers, and the owner, either because she doesn't want to upset them or because she has goofed and is passing the blame. She has made me look bad to clients numerous times for her own mistakes as well as telling me clients said certain things they didn't say. She is ruining the company's reputation.

    I've had enough. I would like to go to work for another company doing the same work. However, in my employment package I signed a standard 6 month NCA. At the time I took it to mean I couldn't go to work for a client directly. The company charges clients $20-35 an hour but pays their employees $7.35. So clients will sometimes offer to hire a caregiver directly, saving them some money and paying the caregiver more than they were making.

    Now I'm wondering, tho, if the NCA means that I can't go to work for another company, either. Client confidentiality isn't an issue as I am bound by the HIPAA.

    Thoughts?
     
  2. cbg

    cbg Super Moderator

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    I can't interpret your NCA since I haven't read it. You'll need to show the entire document to a Texas attorney.

    Sorry, there are some things a message board just can't do.
     
  3. lda01

    lda01 New Member

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    cbg is correct, the terms of NCAs are all different and need to be reviewed on a case by case basis. A legal aid org. may be able to provide pro-bono services. I've also been told that the TWC has some resources in this area. In the last five years the courts have been striking down NCAs that were overly broad or restrictive, so you may not locked in.
    Good luck
     
  4. Betty3

    Betty3 Super Moderator

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    Texas noncompetes are generally enforceable if they are ancillary to or part of an otherwise enforceable agreement to the extent that they contain limitations as to time, geographical area, and scope of activity and are reasonable and don't impose a greater restraint than necessary to protect the business. There are specific provisions for noncompetes to be enforceable against licensed physicians. If the limitations aren't reasonable and impose a greater restraint than is necessary, a court can change the agreement to the extent necessary.

    This is what Tx says re noncompetes. You do, however, need to get/wait for an attorney's opinion.
     
  5. army judge

    army judge Super Moderator

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    I don't think, THINK AS IN NOT KNOW, that a company would sue you making $8.00 an hour. You have the duty to support yourself and your children.

    That said, why not ask the Texas Workforce Commission about the non-compete contract?

    Visit a TWFC Office and ask to speak with someone.

    If it were my decision, as if I were in your shoes, I'd seek new employment.

    You aren't required to give notice, legally. With those birds, they'd likely fire you straight away if you quit.

    Or, see a local attorney. Normally the initial consultation is offered free of obligation or charge.


    Sent from my iPad3 using Tapatalk HD
     

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