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Non-compete clause

Posted By: CuriousMLS on 2005-12-01
In Reply to: just make sure that the client did not sign a noncompete - 2cents

This goes on all the time but I must say that it IS stealing! Shame, shame on you!


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Non-Compete Clause
Length of time?  Depends on the verbiage and the company you work for - some want you to wait 6 months, others a year before you approach their accounts.  They are designed to pretty such save MT companies from people stealing their accounts, wreaking havoc.  If you don't plan on stealing work, don't worry about signing it.  Think about it - you might not like the hospital, quit the job, change companies - so would you really WANT TO STEAL THAT WORK??  I didn't think so!  LOL!  There isn't much an individual MT can do to "steal" an entire account anyway.  If a hospital or doc changes, it's because they don't like the company you are working for.  After being in this field for 15 years, I have never seen anyone prosecuted for theft or anything involving the no-compete agreement.  Basically, this is nothing to worry about...unless you have a hidden agenda.
usually you can fight or there is a clause for emergency sm
situations that you can go to the nearest hospital for emergency and i would say it was emergency or you wouldn't have went to the ER. fight it; you pay the benefits, you should get some help.
Another thought . . . get the pre-existing clause in writing from your employer --

Not from the insurance company itself, because the insurance company may tell you something different from what the agreed-to clause between them and your employer says.


Insurance company interprets pre-existing condition in a different way than your employed agreed to in their contract with the insurance company. 


Again, get it in writing from your new employer -- that is what counts -- not what the insurance may interpret as preexisting.  There is a contract between employer and insurance company, and that wording needs to be clarified by HR person handling the insurance benefits.


If you're not willing to list your clients, then you shouldn't have a noncompete clause in you

contract, IMO. 


I worked for a local service at one point.  They through a huge account at me that required at least three FT MTs to type and then began to breath down my neck about TAT, blamed me because the client was unhappy and complaining.  I contacted the client directly and spoke with her about their complaints.  I basically told her that I was the only MT typing for their very large clinic.  She hadn't realized that.  Long story short, I told her that I had two other MTs, colleagues of mine and that we would be willing to take on her clinic and promise 24 to 48 hour TAT.


I don't know if the line rate I offered her was above or below what she was paying to the service, but she was willing to accept what I had to offer because the doctors were so unhappy.  Do I feel guilty about what I did?  Heck no!  Someone posted the other day that business is business and that we shouldn't be so emotionally vested in our employer.  They are not going to be looking out for me.  I have to look out for me.  Well I agree withat, business is business and the service was blaming me for their mishandling of that account, threatening to withhold my paycheck because of it and actually did withhold my last paycheck when I resigned.


Some of you, especially MTSOs, will say what I did was unethical.  This is a competitive business and if you can't take the heat, get out of the kitchen.  I refuse to work for services anymore, but if I did, I would flat out refuse to sign any contract with a noncompete clause.  I also think that if you are an IC for a service, the service should be required to sign a contract listing the IC terms and conditions.  It's only fair.


Just my opinion on the whole contract thing.


I agree. Doesn't your contract have a clause to preclude you from taking the nephrologist's wo
My subs have clauses in their contracts stating they cannot solicit any of my clients (or otherwise work for them except through me) during their working relationship with me or for a year afterward. If one of my subs did what you're considering, I would be on the phone to my attorney immediately.
To compete with who? (sm)

They quit teaching MT in my area at least 5 years ago because there are no jobs in the area.  Hospitals are on EMR and there is no available work in the area.  The schools here were probably sued because people couldn't find decent paying jobs, LMAO!


Who says you have to compete
Obviously the AAMT is more interested in the offshore projects anyway.  Doing something like a BOS with some common sense has nothing to do with them.  Frankly I think a book with tips, tricks, samples etc would be much better than what is currently being offered.  Of course AAMT can't be competed against.  I don't think the idea here is to go after the companies or take over what the AAMT has done.  The idea to have a real organization for MTs here in the United States.  A place where MT opinons really count and the power that be won't sell out to the highest bidder.
Non-compete
I believe all "honest" ICs will willingly sign one since I have been burned before by an MT who went behind my back and stole my account from me!! I was terribly burned and as a small MTSO, I believe in them very strongly. If you want to keep your accounts as an MTSO, have your MTs sign a non-compete. If your an IC, think about it from a MTSO point of view, would you want someone to go behind you and take your business away?! JMHO.
non-compete agreement
GA girl, where are you? Do you have experience with a n.c. agreement in GA?
non-compete agreement
I read the posts below about the n.c. agreement and wonder if you have any knowledge of them. Any info is appreciated. Thanks.
no compete contract...sm

I think I know who you're talking about...almost positive! Gosh, I wish we could post her name here so others in our area would not become one of her many VICTIMS!


Please email me if you'd like...I'd be more than happy to help y'all in any way I can...bestest of best luck to you...I hope you kick her crooked a$$ in court!


Non-compete agreements

Who has had to sign one with their company? Are they enforced? How long was your non-compete arrangement for? Thanks!


owners trying to compete
The companies are trying to keep their profits high, be competitive with India and the doctors want to pay next to nothing. It's a tough business right now. I would look to other options or really push for more money. I wouldn't work for less than 9 cents. On the other hand, there are MTs out there who think they are very good, but they are honestly terrible. I think if you push for a quality company and sell yourself and you truly are worth the money, you will get it.
It is a reality in this business. It is the only way for them to compete, but it
aa
Is it really a gift when you have to compete for it? Nonsense.
x
can we get an update on the no compete contract

This is interesting (non-compete clauses)
My contract has a standard non-compete clause. Basically, that any subcontracted Transcriptionist will not contact or contract with any clients of my service. I finally had a transcriptionist ask for this complete list of clients. Makes sense, because how will they know who to avoid if they, well, don't know? But I would much prefer they didn't know to begin with. I don't want to tip my hand by giving someone a list of my entire clientele base. Does this seem fair? I feel I should reword my contract to avoid this in the future, but I am not sure how to do so.
we have to compete for our prize for MT week
We have to find stuff in our work like a certain med, or the oldest person,and the first person who finds it gets the prize.  There were only 10 prizes to give out and there are lots of employees.  I didn't even participate because, frankly, they can kiss my patootie.  They should be giving EVERYone something, like, maybe a RAISE, instead of implementing a bogus game where a fraction of the employees win.  Do they think we are second-graders? 
we have to compete for our prize for MT week
We have to find stuff in our work like a certain med, or the oldest person,and the first person who finds it gets the prize.  There were only 10 prizes to give out and there are lots of employees.  I didn't even participate because, frankly, they can kiss my patootie.  They should be giving EVERYone something, like, maybe a RAISE, instead of implementing a bogus game where a fraction of the employees win.  Do they think we are second-graders? 
If you haven't signed non-compete forms...
with a company you are employed by now, and you leave the company, is it acceptable (legal) to contact a client of theirs and offer your IC services if you really want that account as your own?  Any suggestions from anyone having ever done this before would be much appreciated.
No way, I am having no problems with productivity, only that my pay has been reduced to compete
with the global market, that is a fact.

Now please with all respect please do not offer your opinions on my situation, I am sensing a little attitude here and I am not interested in your opinions on that. Thanks.
Both? I thought Spheris had a "no compete" rule.

At least that is what I was told.  Or maybe this is just a new thing?


I fail to understand what the "competition" would be.


Walmart is good. The regular supermarkets are going to be forced to compete.
It all works for the good of the consumer.