Does an employee have the right to work for a new comapny if there is no non-compete in effect?

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Does an employee have the right to work for a new comapny if there is no non-compete in effect?

The company I work for employs therapists at a nursing home. The nursing home and company had a contract for 3 years and the nursing home decided not to renew. The new therapy company taking over wanted to keep all employees as to decrease disruption in patient care. However, the company we work for imposed a fee to the new company per head for any therapist they wanted to keep. Nobody signed a non-compete clause but our company is not allowing us to work for the new company and we have all lost our jobs. Being that we didn’t sign anything is this legal?

Asked on September 3, 2012 under Employment Labor Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are an employee at will - some one who has no contract of employment - then you can go and work for whom ever you wish to work for at any time.  Just like they could fire you at any time.  Good luck.


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