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Sun Dec 2, 2012, 10:57 PM

Are more companies tying employees hands?

My wife works with physically challenged individuals. She is "unskilled" labor for the most part. Wiping butts when needed, bathing, changing clothes or dipers if needed, making meals cleaning homes etc.


Anyways she found out that some companies in this field are in fact proventing employees from either going to other agencies OR if they are allowed to go to agencies they can't work for clients who are "consumer models" meaning the person they are taking care of can't become their employer.

My wife doesn't remember signing any papers agreeing to such restriction but can't be 100% sure.


Now she isn't an engineer or sales person for insurance companies or anything which secrets need to be kept or companies need to keep a client list.

Why would a company do that and IS this becoming as normal as companies checking peoples credit ratings to determine if they will hire them?

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Arrow 9 replies Author Time Post
Reply Are more companies tying employees hands? (Original post)
diabeticman Dec 2012 OP
Viva_La_Revolution Dec 2012 #1
diabeticman Dec 2012 #3
Wellstone ruled Dec 2012 #2
diabeticman Dec 2012 #4
diabeticman Dec 2012 #5
Egalitarian Thug Dec 2012 #6
diabeticman Dec 2012 #8
bemildred Dec 2012 #7
Habibi Dec 2012 #9

Response to diabeticman (Original post)

Sun Dec 2, 2012, 11:39 PM

1. it's normal now

Gram's caregiver has to follow the same kinds of rules.

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Response to Viva_La_Revolution (Reply #1)

Sun Dec 2, 2012, 11:52 PM

3. It just doesn't make sense. Is it to keep the client at the company or keeping the employee?

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Response to diabeticman (Original post)

Sun Dec 2, 2012, 11:50 PM

2. This is the end

results of the Privatizing of all Health Care. These so called agencies are under the control of a small cadre of owners. There seems to be a unwritten noncompeting rule for experienced workers. Hope the Labor Department slams these slugs soon. Family member keeps us up to date on this slave labor crap. It's all about minimum wages and hiring people with no skills in Health Care. Total lack of oversite by the States and Feds. This is big business and it's super big bucks at play. Talk about Medical Fraud,here is the area that is rampant.

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Response to Wellstone ruled (Reply #2)

Sun Dec 2, 2012, 11:57 PM

4. My wife takes pride in her work. She realize she isn't a nurse or CNA BUT she feels she is doing

a service to keep the client in a independent enviroment where they are not sent to a nursing home to live because they need help getting ready in the morning because they have a false leg.


She is one of the few people that seems to be doing it because she cares and not a pay check. She isn't paid min wage but she isn't paid $12 or $15 and hour like maybe a CNA or someone.


Makes one wonder if Walmart might try this next or some other field.

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Response to diabeticman (Original post)

Mon Dec 3, 2012, 08:02 AM

5. What recouse does my wife have if any?

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Response to diabeticman (Reply #5)

Mon Dec 3, 2012, 08:23 AM

6. Depends on what state you live in. Non-competition agreements are usually worthless unless

 

they are very specific and include such provisions as time frames, geographical limits, etc. However there are some particularly backward places (Texas for one example) where this is not the case. Another common tactic employers use is to have employees sign these worthless papers knowing that most employees don't know they're worthless and will never investigate it.

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Response to Egalitarian Thug (Reply #6)

Mon Dec 3, 2012, 09:00 AM

8. We live in PA.

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Response to diabeticman (Reply #5)

Mon Dec 3, 2012, 08:41 AM

7. She can do whatever she likes.

Those agreements aren't worth the paper they are written on. However, she should consider that these guys colluding to keep her penned up may blacklist her if she disobeys. (Then she can start a class action suit against them, if she can prove it.)

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Response to diabeticman (Reply #5)

Mon Dec 3, 2012, 09:06 AM

9. Consult an employment lawyer?

She may be better off working entirely as an independent contractor and negotiating with clients directly. But that is a whole 'nother can of worms, involving things like 1099s and liability insurance. A lawyer friend tells me that the IRS is very particular about who can legitimately claim to be an independent contractor, and caregivers are in a really gray area.

Consulting a lawyer is best. If she really likes the work and can find a way to be independent, she'll have much more control over her time and pay. Reliable caregivers are in demand.

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