What is the name of your state (only U.S. law)? Massachusetts
If a Company does not have a non-compete/non-solicitation agreement with you and it's not a company policy, but they fire you for that reason is it illegal?
Here are the facts: An employee of X agency worked for them for a year and was recently still employed by them before the said incident below. This employee has decided to start their own company (which is in the beginning stages). A client/patient of X agency has a contract with X agency, but the contract is about to expire with the agency and they are aware that the employee of X agency is starting there own business and the client wants to sign a new contract with the employee and go with them versus X agency (the agency they are currently with).
X agency finds out about this employees interest in starting their own Company and their client's interest to sign a contract with this employee. They immediately tell the employee the following:
"Name of Employee, CLIENT is under the impression that you are starting you own business and have contacted her lawyers to transfer care. If this is true, you must cease and desist at once. Return your laptop to the office. Visits with CLIENT and any other patient will be reassigned immediately It is against company policy to solicit patients for any agency. She has been with us under contract for a year."
They state it's against company policy however no non-solicitation/compete contract exists and it's not stated in their employee handbook either......
When someone says cease and desist is that like legally saying you're terminated? I always thought cease and desist meant to stop...it sounds like the email sent said the employee was being terminated, but they didn't exactly use that language...
If a Company does not have a non-compete/non-solicitation agreement with you and it's not a company policy, but they fire you for that reason is it illegal?
Here are the facts: An employee of X agency worked for them for a year and was recently still employed by them before the said incident below. This employee has decided to start their own company (which is in the beginning stages). A client/patient of X agency has a contract with X agency, but the contract is about to expire with the agency and they are aware that the employee of X agency is starting there own business and the client wants to sign a new contract with the employee and go with them versus X agency (the agency they are currently with).
X agency finds out about this employees interest in starting their own Company and their client's interest to sign a contract with this employee. They immediately tell the employee the following:
"Name of Employee, CLIENT is under the impression that you are starting you own business and have contacted her lawyers to transfer care. If this is true, you must cease and desist at once. Return your laptop to the office. Visits with CLIENT and any other patient will be reassigned immediately It is against company policy to solicit patients for any agency. She has been with us under contract for a year."
They state it's against company policy however no non-solicitation/compete contract exists and it's not stated in their employee handbook either......
When someone says cease and desist is that like legally saying you're terminated? I always thought cease and desist meant to stop...it sounds like the email sent said the employee was being terminated, but they didn't exactly use that language...