Under what conditions can a non-compete be violated?

UPDATED: Sep 13, 2011

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Under what conditions can a non-compete be violated?

I am a registered nurse that cares for a client in their home. I was placed through a staffing agency. The patient is dissatisfied with the staffing agency and would like to switch companies but is concerned that he will lose his current staff due to a non-compete agreement the nurses signed. If the nurses who want to stay on the case hire in with the new agency, would that violate the non-compete?

Asked on September 13, 2011 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is no general answer to your question: it depends entirely on the terms of the non-competition agreement. A non-competion agreement barring a nurse from continuing to see the same clients/patients, either through a different company as an employee or contractor, or on her own (e.g. as a "freelance" nurse or independent contractor, or by starting her own nursing business) would certainly be legal and enforceable. Therefore, you have to review the non-competition agreement(s) to answer this question.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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