5 ms·

Does this mean that the seven former employees of Thedacare didn't have to go back to work for Thedacare in the interim? If that was the case, then why was the

Does this mean that the seven former employees of Thedacare didn't have to go back to work for Thedacare in the interim? If that was the case, then why was the injunction granted in the first place? Was it due to some suspicion of anticompetitive behaviour? It doesn't seem that it was an attempt at helping the public keep their access to important medical care, which was the tune that Thedacare was playing for the press.

hmottestad 5y ago
A case could be made for anticompetitive behaviour if a big company hired all the key personell from a small company in order to run them out of business so they wouldn't have to compete against them in the future. Especially if the big company overpaid for the employees, or had the intention of letting them go once the small company was bankrupt.
bewaretheirs 5y ago
That's what Ascension said in their brief: "Nothing that happens in the remainder of this case, regardless of the Court’s decision on this motion, can force those employees to return to ThedaCare to labor against their will. So the only equitable remedy available to the Court is an injunction prohibiting these employees from serving trauma patients at Ascension."
FireBeyond 5y ago
The TRO absolutely tried to require this, that at least some of those employees would be required to be available to Thedacare. Ascension pushed this heavily in their response - that this was akin to indentured servitude: resigning from an employer in an at-will state, only to have your employer "compel" you to not leave (be it directly, or through your new employer). There was zero threat to access to medical care (which, still, is not the problem of those employees) - both hospitals shared the same radiologists, and some other staff. The same care was available to patients, just at a different hospital, a mere few miles away (and indeed, there's significant evidence to show that even Thedacare's ability to provide interventional radiology wasn't compromised, in that they did not transfer a single patient out of that hospital for IR care elsewhere in the entire timeframe).
SuoDuanDao 5y ago
As I understand it, their decision was between working for Thedacare or being jobless.
pnutjam 5y ago
I read that the ordered vacating the injunction compelled Thedacare to pay them for Monday at the new Ascension pay rate.

hmottestad 5y ago

A case could be made for anticompetitive behaviour if a big company hired all the key personell from a small company in order to run them out of business so they wouldn't have to compete against them in the future. Especially if the big company overpaid for the employees, or had the intention of letting them go once the small company was bankrupt.

bewaretheirs 5y ago

That's what Ascension said in their brief: "Nothing that happens in the remainder of this case, regardless of the Court’s decision on this motion, can force those employees to return to ThedaCare to labor against their will. So the only equitable remedy available to the Court is an injunction prohibiting these employees from serving trauma patients at Ascension."

FireBeyond 5y ago

The TRO absolutely tried to require this, that at least some of those employees would be required to be available to Thedacare. Ascension pushed this heavily in their response - that this was akin to indentured servitude: resigning from an employer in an at-will state, only to have your employer "compel" you to not leave (be it directly, or through your new employer). There was zero threat to access to medical care (which, still, is not the problem of those employees) - both hospitals shared the same radiologists, and some other staff. The same care was available to patients, just at a different hospital, a mere few miles away (and indeed, there's significant evidence to show that even Thedacare's ability to provide interventional radiology wasn't compromised, in that they did not transfer a single patient out of that hospital for IR care elsewhere in the entire timeframe).

SuoDuanDao 5y ago

As I understand it, their decision was between working for Thedacare or being jobless.

pnutjam 5y ago

I read that the ordered vacating the injunction compelled Thedacare to pay them for Monday at the new Ascension pay rate.