Non-compete clause

[kerrieRN]

Missouri- I am currently working as an RN auditor. My job will end on April 20 due to a significant decrease in client demand. Upon starting work with my company, I had to sign a Non compete/confidentiality agreement. The hospital where I am currently working for my company has offered me a non clinical position which does NOT involve auditing charts for charges. My company has implied that unless I take a job as a floor nurse/staff nurse, I will be violating the non-compete clause. My question is how is the new position a violation of the non-compete clause when there is no "desire" to have me "perform the services provided by the Company internally rather than through the Company" and in my eyes cannot be construed as "any business or businesses which compete with the business of the Company within the states in which the Company does business...." I would appreciate any advice anyone could give me on the subject.

Thank you.

 

[swalsh411]

In general, courts have taken a very dim view of agreements which prevent people from making living. The fact that you are being laid off vs. striking out on your own in direct competition with your former employer is to your advantage. My advice (and I am not a lawyer) would be that you should be OK as long as you do not disclose any proprietary knowledge, customer lists, or any other privileged information you learned in the course of your employment.

Having said that, I haven't read the agreement.

Also, the "entire State in which the company does business" is far too broad.

 

[kerrieRN]

Thanks for your time and advice. I am hoping to hear from the company tomorrow about the issue.