Is it legal for 2 companies within the same working field to enact an anti-trust agreement that bars employees from one organization to work at the other without approval?

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Is it legal for 2 companies within the same working field to enact an anti-trust agreement that bars employees from one organization to work at the other without approval?

Can a medical facility bar its employees unless they have prior permission to work at a traveling agency within in the same field. Furthermore, how can agreements like this impact employees without signed agreements? Are there any actions that can be done if this type of agreement is unlawful?

Asked on June 2, 2018 under Employment Labor Law, South Dakota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is legal because all employment in this nation is employment at will: you have no right to a job or to be hired, and employers can decline to hire you for any reason which is not specifically illegal discrimation (primarily against you due to your race, color, national origin, sex, age over 40, religion, or disability). Therefore, they can elect to not allow employees from one organization to not work at another without approval; this is within their right to decide who can work for them.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is legal because all employment in this nation is employment at will: you have no right to a job or to be hired, and employers can decline to hire you for any reason which is not specifically illegal discrimation (primarily against you due to your race, color, national origin, sex, age over 40, religion, or disability). Therefore, they can elect to not allow employees from one organization to not work at another without approval; this is within their right to decide who can work for them.


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