How does a non-compete agreement hold up when signed with a home healthcare agency?

If a home healthcare nurse signed a non-compete agreement with an agency how does that stand? Tthe client decides to hire the home healthcare nurse after discharging the agency and the nurses were on a temporary employment basis?

Asked on July 11, 2012 under Employment Labor Law, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of most states in this country a non-compete clause between an independent contractor or an employee with a third person is deemed invalid under grounds of public policy as in California.

They are usually valid in a situation where a business is sold where goodwill is sold.

From what you have written the non-compete clause between the health care nurse and the the agency most likely is invalid under public policy grounds. I suggest that the non-compete agreement be reviewed by a business attorney.

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