Non-compete
Posted By: EmmaMT on 2009-02-08
In Reply to: Yes, they can do this - - Amanda
If you are in a specialized business, such as medical transcription, you can claim hardship and a court will not hold you to said non-compete.
You have a right to reasonable opportunity to support yourself and a non-compete signed with a transcription service isn't worth a whole lot.
And if you work for someone and go after their clients, then ya just hope Karma doesn't pay you a visit.
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they have to compete with the
I guess that is whats happening?
Non compete
Normally a noncompete clause pertains to an employee leaving a company and either going to work for one of their clients or taking the account for herself.
It should not keep you from working for a competing transcription company just should keep you from taking one of theirs clients for yourself or to another company.
Check the fine print a little closer
No compete
I do not think I would sign this, but also wondering if any of this affects your right to unemployment. When the hospital outsourced us we got a severence and then they denied unemployment for the time of the severence. We did not have to sign a noncompete though. I think this can vary state to state though as far as unemployment laws. On a funny note though, the hospital assumed we would all jump at the chance to work for the company they contracted with to outsource the work. Not one of the 35 MTs went to work for this heavily Indian-based company with a bad rep of hiring the MTs for the transition, then firing them once things were in place in India. The HR person at the hospital told me they were shocked and never expected to have to pay out the severence or have the unemployment claims they ended up with. Oh well!
Need to know the wording. Non-compete does not mean you ....
cannot work for another company. It usually means you cannot actively persue work from any of their accounts. They don't care about other MTSOs or if you have an accout of your own. This is especially true if it is IC.
You need to read it over again. Non-compete isn't about your time...its about their clients.......
No-Compete Clause
I need help making a decision and I don't know who to ask. My company recently had a layoff, and in order to receive my severance, they are asking that I sign a form that states that I will not work for a competitor for the next 12 months--basically stating that I will not begin to work for any company in the MT business and that I will not try to start my own business. The severance pay only equals a very, very, very small fraction of 12 months of pay, so the compensation of this request is inadequate.
I have contacted to local attorneys. They both said that it is legal of them to request this. One lawyer said that I just simply should not accept the severance and that I should just try to find another job. The second lawyer said to sign the agreement, accept the severance, and still try to find another job because the no-compete clause is just too vague and asking me to give up my career for 12 months is not something that would be supported in a court of law if my previous employer decided to prosecute.
Has anyone ever been in this situation? What did you do or what is your advice to me?
Some places have no-compete clauses with
s
Are you sure the non-compete clause prevents you from working elsewhere?
Oftentimes, what the non-compete clause in an MT contract means is that the MT cannot solicite work from the clients of the MTSO, not that the MT can't also work elsewhere. In fact, for an IC contract, stating you can only work for that MTSO is a big no-no (since one of the IRS definitions of an IC is that they provide their services to more than one client).
How can you compete with the big-company price-wars? - nm
?
Yes, its simply called a No Compete contract.
in our industry. MTs and management alike are bound by them, so really should be no hard feelings or a big deal. Its a very understandable clause and common in all industries, not just ours. If you don't like the clause, you don't have to sign or work for the company. Its not a biggie, really, and very common.
Non-compete clauses in contracts. Has anyone refused to sign this and still got the job? nm
nm
I agree. Three months and the best move I made. For radiology, I do not think anyone can compete.
nm
I worked for an all US MT company, we lost to offshore. Couldn't compete with their bids, and th
:(
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