Non compete contract

[prettychiq83]

I am a caregiver, my client is unhappy with the agency I work for. The new agency she is going to offered me a job with better pay. I said yes, but my client wants to keep me as a caregiver. Apparently I signed a non compete contract when I was my mothers caregiver. But my mom passed away and now they're telling me if I leave and still take care of the same client I have to pay $5000. Why am I being held responsible for my clients wanting to go to a different agency?

 

[cbg]

You're not. You're being held responsible for honoring the non-compete agreement you allegedly signed.

I am asking this for a reason. Do you remember signing the agreement? Do you have a copy of it? If so, will they give you a copy? Not all non-competes are necessarily enforceable and the EXACT wording matters.

 

[Betty3]

Pa. non competes are enforceable if they are incident to an employment relationship between the parties. The restrictions are reasonably necessary to protect the employer, and the restrictions are reasonably limited in duration and geographic extent. There are no specific time or geographical restrictions. ref. court case Hess v Gebhard & Co., 570 Pa. 148,157, 808 A2d 912, 917 (2002) However, it is hard to say what any individual court will decide. They should be taken to an employment or contract lawyer in the area for review if you have one.

 

[prettychiq83]

I think I signed it, only because I was my mothers caregiver. I didn't expect my mom to pass so soon. I was offered a job and my client wants to go to the same agency. But my employer is telling me I can go if I qant if she stays. If my client goes as well I will be breaching the contract. I can't stop her from leaving that agency.

 

[prettychiq83]

I need to get to a computer to print the contract

 

[cbg]

When you've printed it out, take it to a Pennsylvania attorney, who can review it in relation to state and local laws. We can't give you a hard and fast determination of whether it is enforceable or not. There is a LOT of grey area in this.

 

[army judge]

I need to get to a computer to print the contract

You could probably use a computer and print your document for FREE at the local library.

 

[prettychiq83]

So apparently I did sign this non compete contract. It simply states if I go to another agency and I am the care giver of one of their former clients, me and the agency have to pay 5 grand. Also if the client wants to hire me privately they also have to pay 5 grand. The agency that I am with now assured me that the contract is illegal because, it violates the clients right to pick and choose their care giver. Is this true????

 

[Betty3]

Take the agreement to a contract attorney in your area for review & ask the attorney any questions you might have.

 

[cbg]

Seconding Betty's advice. We can't read it from here, and no one who has not read it IN FULL can say conclusively whether it is enforceable or not. (BTW, it's not a question of legal vs. illegal - it's a question of enforceability vs. non-enforceability. Different things.) That includes your agency.