Q: Non solicitation agreement help
Worked home health and left back to working in a facility. Accused of soliciting client to leave for a home health competitor i apparently left for. I did not. Im working in a nursing home now. Company said i called the client and told her i was working for another home health agency and to switch companies. I dont understand what is happening. WhT can i do?
A: You don't specificly say, but I assume you did indeed sign some type of agreement prohibiting you ( as a former employee) from soliciting employees of that employer to change jobs. The rights and obligations you have will be governed by that document, so its hard to answer anything without reviewing that agreement. Get a copy and read it carefully. Apparently, unless someone overheard you making the call, the other client has already said that you made the call and made the solicitation. maybe you ought to start trying to accumulate your phone bills/records which will maybe prove you didn't call. If not, it may just be "your word versus hers" as to what was said. Again, you don't specifically say, but I assume no lawsuit has been filed yet ( you will be served with court papers if that occurs). The lawsuit will spell out exactly what they are asking of you, and until its filed, I don't think I would agree/admit/discuss anything with anybody ( unless its your lawyer).
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