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>> Legal experts say Concentra could have a tough time getting courts to uphold the 120-day rule, given how one-sided it is. “I think it would be really hard to

>> Legal experts say Concentra could have a tough time getting courts to uphold the 120-day rule, given how one-sided it is. “I think it would be really hard to enforce this in front of any reasonable judge,” says Jonathan Harris, a professor at Loyola Marymount University’s law school. A "reasonable" judge would probably side with a little employee facing a massive penalty for quitting, but a doctor isn't the average employee. I'd bet good money that this doctor wasn't even an actual employee. I bet he was operating as a contactor business, with separate insurance/accounting and such. A judge will not look so kindly on a subcontractor business, one probably turning over six or even seven figures and perfectly capable of taking proper legal advice before signing anything.

acdha 4y ago
The story very consistently refers to them as employees, and discusses things which would not apply to a contractor. The non-compete, for example, is something which would often lead to the contractor being reclassified as an employee.
- lupire 4y ago
  Is that true? If I hire someone to build a website for me, am I forbidden from getting a non-compete to protect against them launching another website for the same business?
  - Retric 4y ago
    Independent contractors are treated differently than small consulting firms here: https://www.weisbergcummings.com/are-non-compete-agreements-enforceable-against-independent-contractors/ https://www.weisbergcummings.com/are-non-compete-agreements-... Is a Non-Compete Clause Enforceable? For an independent contractor, non-compete clauses could reclassify you as an employee. A non-compete for contractors can actually be an important factor in determining whether a worker is truly an employee rather than a contractor. If an independent contractor is reclassified as an employee, the company could be subjected to penalties, workers compensation insurance and overtime pay. Even if you remain classified as a contractor, a non-compete clause may not be enforceable. Independent contractors are expected to be experts in their chosen field and are likely working for multiple companies at once. If one company attempts to enforce a non-compete clause, your ability to find work may be affected. If a non-compete clause unreasonably restrains your ability to work, most courts in the U.S. will not enforce it. Non competes between firms are possible, but given extreme scrutiny due to antitrust and other issues.
  - acdha 4y ago
    It’s going to depend on the exact terms and value: if you pay someone well and it’s a narrowly targeted exception a judge is going to look at that more favorably than if you’re effectively telling them to move or find a different trade entirely. https://www.hg.org/legal-articles/dangers-of-having-an-independent-contractor-sign-a-non-compete-agreement-43937 https://www.hg.org/legal-articles/dangers-of-having-an-indep... notes a case which sounds similar to what you described where a non-compete was enforced because the company was able to demonstrate that the consultants had no prior experience in their industry and were using the skills and contacts they’d made on the job to launch a direct competitor.
- sandworm101 4y ago
  Wait for a medmal suit to open the curtains on the layers of liability protection that permeate the medical profession. Employee v. contractor definitions change based on context. One can be an employee for purpose of labor relations on day one, but a contractor for insurance purposes on day two. Given the medical nature of the service and the multi-state scope of the company, I'd still bet there is a veritable Russian nesting doll of entities at play here.
deleted 4y ago
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acdha 4y ago

The story very consistently refers to them as employees, and discusses things which would not apply to a contractor. The non-compete, for example, is something which would often lead to the contractor being reclassified as an employee.

lupire 4y ago
Is that true? If I hire someone to build a website for me, am I forbidden from getting a non-compete to protect against them launching another website for the same business?
- Retric 4y ago
  Independent contractors are treated differently than small consulting firms here: https://www.weisbergcummings.com/are-non-compete-agreements-enforceable-against-independent-contractors/ https://www.weisbergcummings.com/are-non-compete-agreements-... Is a Non-Compete Clause Enforceable? For an independent contractor, non-compete clauses could reclassify you as an employee. A non-compete for contractors can actually be an important factor in determining whether a worker is truly an employee rather than a contractor. If an independent contractor is reclassified as an employee, the company could be subjected to penalties, workers compensation insurance and overtime pay. Even if you remain classified as a contractor, a non-compete clause may not be enforceable. Independent contractors are expected to be experts in their chosen field and are likely working for multiple companies at once. If one company attempts to enforce a non-compete clause, your ability to find work may be affected. If a non-compete clause unreasonably restrains your ability to work, most courts in the U.S. will not enforce it. Non competes between firms are possible, but given extreme scrutiny due to antitrust and other issues.
- acdha 4y ago
  It’s going to depend on the exact terms and value: if you pay someone well and it’s a narrowly targeted exception a judge is going to look at that more favorably than if you’re effectively telling them to move or find a different trade entirely. https://www.hg.org/legal-articles/dangers-of-having-an-independent-contractor-sign-a-non-compete-agreement-43937 https://www.hg.org/legal-articles/dangers-of-having-an-indep... notes a case which sounds similar to what you described where a non-compete was enforced because the company was able to demonstrate that the consultants had no prior experience in their industry and were using the skills and contacts they’d made on the job to launch a direct competitor.
sandworm101 4y ago
Wait for a medmal suit to open the curtains on the layers of liability protection that permeate the medical profession. Employee v. contractor definitions change based on context. One can be an employee for purpose of labor relations on day one, but a contractor for insurance purposes on day two. Given the medical nature of the service and the multi-state scope of the company, I'd still bet there is a veritable Russian nesting doll of entities at play here.

deleted 4y ago

[deleted]