Results 1 to 7 of 7

Thread: No-compete clause

  1. #1
    Senior Member landrover's Avatar
    Join Date
    Apr 2004
    Location
    Philadelphia, Pa
    Posts
    949

    No-compete clause

    I have a long-time attendant who works for an agency, but for another client she works for, is hired through the consumer-hire option (PPL). PPL pays approximately $2/hr more. I also have attendants hired privately through PPL. For monetary benefits, and for the benefit as under a private hire having the ability to perform a bowel program, we've discussed me hiring her under PPL. She is concerned about there being a no-complete clause, but they have not forwarded a copy of her contract despite her requests. She and I have been with the agency for approximately 4+ years.
    Last edited by SCI-Nurse; 09-01-2018 at 09:16 AM.

  2. #2
    Senior Member
    Join Date
    Jun 2005
    Location
    East Bay/San Francisco
    Posts
    8,940
    Quote Originally Posted by landrover View Post
    I have a long-time attendant who works for an agency, but for another client she works for, is hired through the consumer-hire option (PPL). PPL pays approximately $2/hr more. I also have attendants hired privately through PPL. For monetary benefits, and for the benefit as under a private hire having the ability to perform a bowel program, we've discussed me hiring her under PPL. She is concerned about there being a no-complete clause, but they have not forwarded a copy of her contract despite her requests. She and I have been with the agency for approximately 4+ years.
    I just went through an agency for an attendant for a 2 day assignment while NL was recovering from cataract surgery. The no compete clause was in the paper work I signed when I registered with this agency. Have you checked anything you may have sigbned 4 years ago?

  3. #3
    Senior Member landrover's Avatar
    Join Date
    Apr 2004
    Location
    Philadelphia, Pa
    Posts
    949
    I don’t recall ever signing any paperwork.

    Also, my argument is that they are not providing a similar service. The agency aides cannot perform bowel programs, while those I hire through PPL can.
    Last edited by landrover; 08-31-2018 at 06:37 PM.

  4. #4
    Senior Member
    Join Date
    Jun 2005
    Location
    East Bay/San Francisco
    Posts
    8,940
    Why is PPL? What is the agency you have hired though? There could be many cross purpose contractural issues that either you signed or your caregiver signed when he/she signed up with the agency. Not to be ignored.

    When I was signing with an agency for a very short term contract, I was told that only a Register Nurse or a Licensed Practical Nurse can do a bowel program and then only with a doctor's order.

  5. #5
    isnt the no compete clause for the employee only , not the employer. Only the aide may have signed a no compete clause, but without them having the hiring contract paperwork , you cant tell
    cauda equina

  6. #6
    Senior Member
    Join Date
    Jun 2005
    Location
    East Bay/San Francisco
    Posts
    8,940
    As part of the Terms and Conditions, I signed with a particular agency, Term 6.0 states:

    As the client, or an authorized representative, in signing this document, I understand and agree to the following:
    6.0 Hiring Process: If I choose to hire a (name of agency redacted) employee (defined as an employee or former employee who has rendered services for me in the past 6 months) directly before I have used (name of agency redacted) services for a period fo 12 months, a fee of 30% of full time (2080 hours) at the employee's bill rate will apply. After 12 months, the fee is 15% after 18 months, 12% and after 24 months 10%.

    So the employee may have or may not have signed a no compete clause, but the client would be subject to this penalty fee structure if the client hires an agency employee within the time frames mentioned.

  7. #7
    thanks for clearing that up. So landrover definitely needs to find his copies of the docs he signed, and if he doesnt remeber signing any he needs to send a letter requesting the original employment contract via certified mail signature and return receipt requested to the appropriate people . If they do not reply follow up with a fax to remind them, or maybe a phone call, maybe that will prevent them from collecting. Another thought , if you terminate service with this company , how can they collect the Monies, they would have to bring you to court,
    cauda equina

Similar Threads

  1. Replies: 13
    Last Post: 09-18-2011, 05:43 PM
  2. Help for my Dad - C5 complete
    By tmrperry in forum New SCI
    Replies: 59
    Last Post: 07-15-2009, 12:00 PM
  3. Am I complete?
    By TheAbleChef in forum Care
    Replies: 10
    Last Post: 05-20-2009, 02:30 PM
  4. Complete
    By KERRDOUGLAS in forum Care
    Replies: 19
    Last Post: 07-24-2005, 09:09 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •