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This is about employment law. No, that is not necessary or…

Customer Question
This is about employment...

This is about employment law.

Lawyer's Assistant: Have you documented this or discussed it with HR?

No, that is not necessary or pertinent.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time and our contract does include a non compete clause

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The company has offered to find jobs for us locally and some of my coworkers mumbled things about displacement and the like. I would like to know how similar the job must be and if indeed that is linked to the noncompete clause. It does not specify this in the noncompete section of the contract so is the company obligated to find us jobs within the company at the same schedule, salary, driving distance in order to be in some sort of "compliance" with labor laws?

Submitted: 6 months ago.Category: Employment Law
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Answered in 3 minutes by:
12/10/2017
Employment Lawyer: DamienJD, Attorney replied 6 months ago
DamienJD
DamienJD, Attorney
Category: Employment Law
Satisfied Customers: 4,905
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney. What type of business is it?

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Customer reply replied 6 months ago
It is an anesthesia provider group who has lost a contract with a hospital.
Employment Lawyer: DamienJD, Attorney replied 6 months ago

Okay. Developing a response. Hold, please.

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Employment Lawyer: DamienJD, Attorney replied 6 months ago

Thanks for the additional information. The noncompete would be limited to you working for another group that is basically going after the same client base. However, because the client base can be rather broad, the noncompete clause would be more enforceable only if you were attempting to get the same clients from the current group. A noncompete clause cannot be overly broad to prevent someone from working.

Separately, a company that is laying someone off is not legally obligated to find the employees jobs. So, if your current company is attempting to find placement for you, that is a nonobligatory action it is taking.

If this is unclear, or you have additional questions, just let me know. I can continue to assist you.

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Customer reply replied 6 months ago
my understanding is that the noncompete and moving employees into other jobs is apples and oranges, if you will.
Customer reply replied 6 months ago
There is no case for "displacement" with regard to the noncompete.
Employment Lawyer: DamienJD, Attorney replied 6 months ago

Yes. That is correct. The noncompete clause and displacement are separate. The only possible way it would be tied together is if that were the terms of the written agreement.

If you have further questions, just let me know. I can continue to assist you. Otherwise, I have been happy to help you with your questions.

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Employment Lawyer: DamienJD, Attorney replied 6 months ago

Hello again:

Do you have any further questions? I am happy to continue answering your questions. Just let me know.

If you are satisfied with my services to you, please provide a rating between 3 and 5 stars at no additional to you charge so I can get paid for the services I provided to you. Thank you.

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Employment Lawyer: DamienJD, Attorney replied 6 months ago

Hello again Maggie:

Just checking whether you got all that you needed from Just Answer. If so, let me know. if not, let me know. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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