A community of 30,000 US Transcriptionist serving Medical Transcription Industry


bring it back up= conflict of interest - cj


Posted: Aug 29, 2010

Why not just read your contract and find out for yourself instead of relying on the opinions of other people? In the end, neither company will care what someone told you; they will only care about a contract YOU  signed. The company I worked for had specifically stated in their contract that we could not work for any company that is in competition with them (any other MTSO) so in this case I would be in violation of that contract. We could work for a hospital, a clinic, a physician, etc, directly, but not another MTSO and not for any entity with whom this MTSO had an agreement in place.  In other words, we could't take the company's work from them.  It's a noncompete clause.  Yes, you need to look out for yourself so READ YOUR CONTRACT AND KNOW WHAT YOU LEGALLY AGREED TO, and for those of you who offered opinions, before you give or accept advice, know what you are talking about. Unless you actually know what her contract says, don't be the one who tells this MT she is okay when in fact she may be violating a legally binding agreement and opening herself up for big problems.  

Noncomplete - mt2long

[ In Reply To ..]
"The company I worked for had specifically stated in their contract that we could not work for any company that is in competition with them (any other MTSO) so in this case I would be in violation of that contract. "

Except whether you signed it or not, it won't hold up in court. A company cannot stop you, especially in the lowly profession of MT, from supporting yourself. As an AT HOME professional, that means they can't stop you from working for another MTSO at home.

I agree with the sentiment that you should really READ and agree with or edit what you are signing.

But an MTSO can't keep you from working for someone else.

And an MTSO is not in control of what you do with your hours you're not working for them save for soliciting THEIR current clients.

They may not be able to stop you, but they can for legal fees - Happy MT Robin

[ In Reply To ..]
Having been involved with people who were on the "sued" end of a non-compete, specifically my sister and her boss who left an insurance agency to start their own, non-competes absolutely can be held up in court, depending on the way it was written. If it ends up getting thrown out or arbitrated, you still end up spending a small fortune in legal fees, not to mention the time involved.

I've rarely heard of non competes in this business, but as the first poster says, it behooves anyone to read their employee/IC paperwork that they signed when they went to work. There is usually language in there that pertains to not going to a client directly and cutting out the MTSO, but I haven't personally experienced anything that said I couldn't work for another MTSO at the same time I was working for another one.

Okay, sorry that title made no sense - Happy MT Robin

[ In Reply To ..]
Meant to say "they can force legal fees."

This is what I get for typing when I'm sitting down recovering from working in the backyard! ;)

Agreed - mt2long

[ In Reply To ..]
In other businesses non-competes can and are often enforced. In MT they are rarely, if ever enforced. Insurance and MT are two vastly different animals and I wouldn't presume to speak for anything 'cept what I know.

Hope your sister made out okay.
Found this - interesting - mt2long
[ In Reply To ..]
http://www.lawknowledge.org/employment-labor-law/50599/


Since it specifically addresses MT, but also addresses a single state (Georgia with Texas addressed farther down). General concensus is that yes, you should ALWAYS be reading what you're signing but at least in GA, you have very specific things that must be addressed-- including the LENGTH OF TIME the contract is enforceable. If it's "at will" then the non-compete is not applicable (again, in Georgia)

Your sister and her boss is completely different. And did - they take clients? IC is different NM

[ In Reply To ..]
x

noncompete - cj

[ In Reply To ..]
Well, actually, they can and do hold up in court. They are not stopping you from making a living; they are stopping you from working for their competition. As I said, we could work directly for a hospital, a clinic, a physician, etc., just not a direct competitor of theirs, which would be another MTSO, so it does not stop you from supporting yourself. It simply limits (usually for a predefined period of time) the places where you can do so. That contract is a legal document, and if it has a noncompete that is worded as such, it absolutely will hold up in court. A person who signs a contract should think about its implications before signing on that line.

Noncompete clauses - Nick

[ In Reply To ..]
I am an old guy who has been in this business for many, many years, and virtually every case I have seen regarding noncomplete issues has been nonforceable. Of course, you should consult your own attorney (I am not a lawyer), but I wouldn't worry about it as long as you are not soliticing the clients of the MTSO you are already working for. Anything beyond that is restraing of trade regarding your making a living.

noncompete - dnh

[ In Reply To ..]
You do get what a contract is, right? If you aren't an attorney then stop dispensing legal advice, especially since your info is wrong. A noncompete clause is legally enforceable. It is upheld all the time. I can't help but wonder how many cases you have seen that were not enforceable and why they weren't. Do you know the actual facts about them or are you spouting "I have heard....." Like the OP said, everyone should read their contracts, and I would add, if you are uncomfortable with something in it, don't sign it. Look for employment with a company who doesn't include noncompete in their agreement. No one put a gun to your head and made you agree to a noncompete clause, but if you signed, then you are obliged to live with the consequences. Even if (big if) it doesn't hold up in court, who wants the hassle and expense of fighting it?
Been on both sides of the fence - MTSOandMT
[ In Reply To ..]
And I can tell you, for MEDICAL TRANSCRIPTION, *UNLESS YOU DIRECTLY SOLICIT CLIENTS OF YOUR EMPLOYER* the likelihood of a non-compete clause being enforced is next to none.

Knowing what you're signing is a good idea, but the services who present you with little more than a minor non-compete have next to no leg to stand on.

Non-compete clauses are entirely legal - MTSER

[ In Reply To ..]
Noncompete clauses do hold up in court, don't know where you are getting your information from.

People, don't take legal advise from the board. Either research it yourself or contact an attorney. I would rather spend a little money to keep myself out of trouble than a boatload after I'm in deep!

Yes, they DO get held up in court. - SM

[ In Reply To ..]
I worked for some time for an attorney whose "specialties" were union busting and enforcing noncompete clauses; in other words, he was not a friend to the average working Joe.

His firm lost very few noncompete cases.

NEVER get your legal advice from a layman. It's like asking your gardener to remove your appendix because his wife once had hers removed so he knows all about it. Uh huh.
But were his clients IC? Employee and IC 2 different things - when told they cannot compete. nm
[ In Reply To ..]
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