Judge stops at will employees from being able to accept a new job

[Trainwreck2100]

"ThedaCare requested Thursday that an Outagamie County judge temporarily block seven of its employees who had applied for and accepted jobs at Ascension from beginning work there on Monday until the health system could find replacements for them.

The employees were part of an 11-member interventional radiology and cardiovascular team, which can perform procedures to stop bleeding in targeted areas during a traumatic injury or restore blood flow to the brain in the case of a stroke. Each of them were employed at-will, meaning they were not under an obligation to stay at ThedaCare for a certain amount of time. "

"After approaching ThedaCare with the chance to match the offers they'd been given, Breister wrote that they were told "the long term expense to ThedaCare was not worth the short term cost," and no counter-offer would be made."

Probably not going to hold up, but still fucking crazy

https://www.postcrescent.com/story/news/2022/01/21/what-we-know-ascension-thedacare-court-battle-over-employees/6607417001/

[DMC]

You cannot stop people from quitting. It's not the fucking military.

[boutons_deux]

Amazing.

The employer can fire/release them at will, w/o cause, w/o warning, but tries to stop them from leaving.

If it's a Repug judge, the job-leavers may be screwed.

Screwing Labor is one of Capitalist-whore Repugs commitments.

[koriwhat]

Amazing.

The employer can fire them at will, w/o cause, w/o warning, but tries to stop them from leaving.

If it's a Repug judge, the job-leavers may be screwed.

Screwing Labor is one of Capitalist-whore Repugs commitments.

STFU chicken little

[koriwhat]

Were they under a NDA or a NCA of sorts?

[Trainwreck2100]

You cannot stop people from quitting. It's not the fucking military.

didn't say it stopped them from quitting

[baseline bum]

They should have just quit the day they accepted the new offer instead of giving notice. Not like ThedaCare would give them two weeks notice if they were laying them off.

[ElNono]

Each of them were employed at-will, meaning they were not under an obligation to stay at ThedaCare for a certain amount of time.

This makes it sound like they were contractors. The question is what was in the contract.

[Trainwreck2100]

Each of them were employed at-will, meaning they were not under an obligation to stay at ThedaCare for a certain amount of time.

This makes it sound like they were contractors. The question is what was in the contract.
No at will just means at will thedacares argument is that they need to replace them because of the health crisis. But that's the opposite of at will

[ElNono]

No at will just means at will thedacares argument is that they need to replace them because of the health crisis. But that's the opposite of at will

It's all about the details on the contract. Maybe they were under obligation to notify them? Contracts can be messy, that's why without details it's hard to tell.

[Trainwreck2100]

It's all about the details on the contract. Maybe they were under obligation to notify them? Contracts can be messy, that's why without details it's hard to tell.


In the complaint, lawyers for ThedaCare wrote that Ascension had "shockingly" chosen to "poach" the employees during a stressful time for health care. More COVID-19 patients are hospitalized in the Fox Valley now than at any other time during the pandemic, according to Wisconsin Hospital Association data, and ThedaCare has canceled non-emergency surgeries to make space.


Attorney Sean Bosack, who represented ThedaCare Friday, argued that losing the majority of these employees poses a health threat to the region because the health system's Neenah hospital is a hub for high-level stroke care and care for patients with traumatic injuries.




Their lawyers said nothing about a contract in their argument

[ElNono]

Their lawyers said nothing about a contract in their argument

Yeah, I don't think this will stand in the long run. Also, depends on the State. Here in California you can't prohibit employees from talking to other companies. No-Poach and Non-compete agreements are generally illegal as well.

This looks more like an injunction at this point though, looks like the case is getting started.

[Trainwreck2100]

Yeah, I don't think this will stand in the long run. Also, depends on the State. Here in California you can't prohibit employees from talking to other companies. No-Poach and Non-compete agreements are generally illegal as well.

This looks more like an injunction at this point though, looks like the case is getting started.
Yeah like I said I don't think this stands but just the idea that at will can be straight up ignored when it's been used to flat out fuck the workers for years is ludicrous.

[SnakeBoy]

Judge is probably just giving ThedaCare some time to get their shit together before ruling against them

[Trainwreck2100]

Judge is probably just giving ThedaCare some time to get their shit together before ruling against them
That's not the workers problem, this is at will employment. When a company decides to layoff 1000 people the fired aren't given a chance to "get their shit together" nobody expects this ruling to hold but the fact that it wasn't thrown out on it's merit alone is ludicrous

[boutons_deux]

self-employed "contractors" don't need a contract, just show up and work

If an employer wouldn't employ them, then I doubt the employer would tie himself to contract, unless all the conditions were on the contracted, not on the company.

When nearly all US employees are working "at will" no contract, I really doubt the thedacare self-employed are also anything but at will.

[SnakeBoy]

That's not the workers problem, this is at will employment. When a company decides to layoff 1000 people the fired aren't given a chance to "get their shit together" nobody expects this ruling to hold but the fact that it wasn't thrown out on it's merit alone is ludicrous

I don't disagree. Just saying what it looks like the judge did.

[Fat Hands]

didn't say it stopped them from quitting
Some people can't read. They don't have a problem eating though.

[Trainwreck2100]

Dismissed as expected, but still fucking asinine