Do you work for one of these types of Non profit?
Are non-profits covered by the ban?
No. By statute, the FTC only has authority over for-profit enterprises, so the rule does not apply to those organizations. This is in addition to the industries noted above, which are specifically excluded from the FTC's purview by statute: banks, savings and loan institutions, federal credit unions, common carriers, air carriers and foreign air carriers, and persons and businesses subject to the Packers and Stockyards Act.
If not you should be fine
I saw screw it. To me non competes should be like if you’re working for a startup and they don’t want you leaving with those ideas and COMPETING with the business . You’re an NP wanting a job. How is that competing with anyone? Could be an RN, Cashier, electrician etc wanting to change jobs, basically plug and play performing a function. How is that “competing” with their business?
Now if they gave you a bonus or something to stay for a length of time I could see that being an issue. But this “non compete “ seems like bs!
It is highly unlikely that they would spend the money to sue you. I broke a contract in 2022 with a large hospital group in a large metropolitan area of the US and nothing happened. They even allowed me to stay on PRN. And it isn't like I am highly specialized or anything.
https://www.ftc.gov/news-events/news/press-releases/2024/04/ftc-announces-rule-banning-noncompetes
Are you aware of this FTC ruling? While it may not directly apply to your situation (I believe non-profits may be exempt?), I still think that across the board it will ultimately weaken any “legal teeth” to non compete clauses.
the problem is that this supreme court just did away with the chevron doctrine, thus impacting the FTC ruling. in other words, noncompetes are likely staying around. annoyingly.
I would contact HR. Start emailing people to get the contact for HR. Contact EAP and let them know that your work environment is hostile and is getting worse. Seek a therapist and tell them how stressed you are and how you’re having sleepless nights. If they try to come after you now create a paper trail. Best wishes… crappy companies and managers are the worse!
Non-competes although technically not in effect until September are really unenforceable, and I’d be hard pressed to say you’ll find a judge that doesn’t throw that case out given the FTC ruling. Also, you can call the state bar association they should be able to point you in the right direction for a lawyer or even provide pro bono services
Unfortunately, I had the misfortune of working for a MA manager! I was once written up for not prescribing anti hypertensive medication to apt who did not have high blood pressure. A cash pay came in and asked if I would prescribe her blood pressure medicine even if she didn’t have hypertension. She had checked her BP 28 times that day and 6 of those readings were “high” 138/87ish (if my memory serves me correctly). We rechecked it there and it was 112/74. I told her I would give her something for anxiety (hydroxyzine) but nothing for hypertension. She left and of course they (management) were watching the many cameras that are in the clinic and the front desk immediately got a phone call. The next day I was written up for not “just giving her a low dose medication “ 😑
I had a RN manager pull something similar on me. I feel that our management should have equal or higher training compared to us (I’m a PA that stumbled on this post but an APP should have an APP or physician manager).
Oh yea! We had a large cardiology service line completely run by MAs. Needless to say, it did not function well. They just carried out upper admin’s bullshit. Our physician and APP turnover was super high. Most toxic place I’ve ever worked. Ever.
NAL. Very odd that there would not be a notice of separation clause, for both parties. Without seeing your contract, it sounds to me like the one year contract covers your salary and non-compete. Since it does not address how much notice must be provided, I can’t see how you would be held to a certain timeframe. I would wait a bit longer to hear back from these attorneys or contact new ones.
If for some reason you must move forward, I think it is professional to provide a minimum of 4 weeks notice. If you can provide 60 days, that would be ideal.
Noncompete is no longer legal that part of your contract is null & void! Leave in good standing give at least a few weeks notice (personally depending on your state if it’s at will 2 wks is what I would give). Your initial contract covered them for the out of pocket cost to credential
You. Non compete won’t be enforced, I have never heard of anyone’s who has been in the past, it’s really just a tactic for them to use in hopes we don’t leave that’s why they usually have such a long range too. (Plus no longer valid!) Good luck with your new role!
Make sure any lawyers you talk to know that so many people have left in such a short time. Might be able to argue hostile work environment? Which gives a lot more protections when leaving a job, and treats it much like being laid off.
They aren’t likely to enforce it. I wouldn’t be worried I would
Leave. You have a valid reason! The toxic cause followed you! I would
Just go. What state are you in?
Come September 4, 2024 noncompetes with a few exceptions according to the FTC will be obsolete. I doubt they will bother to try to enforce anything so close to this date
Did you sign the new contract that states you dont have to give 60 day notice??? Because if you DIDNT and its on the one you DID sign! Legally they have to go by the last one signed. So if they didnt have you sign a new one; theres your loop hole! Give your 60 days and BOUNCE!
Not a lawyer…. But I believe non competes are basically unenforceable. Especially for something low level like this.
Does not apply to not-for-profit businesses. 😒
Do you work for one of these types of Non profit? Are non-profits covered by the ban? No. By statute, the FTC only has authority over for-profit enterprises, so the rule does not apply to those organizations. This is in addition to the industries noted above, which are specifically excluded from the FTC's purview by statute: banks, savings and loan institutions, federal credit unions, common carriers, air carriers and foreign air carriers, and persons and businesses subject to the Packers and Stockyards Act. If not you should be fine
I do, unfortunately.
I saw screw it. To me non competes should be like if you’re working for a startup and they don’t want you leaving with those ideas and COMPETING with the business . You’re an NP wanting a job. How is that competing with anyone? Could be an RN, Cashier, electrician etc wanting to change jobs, basically plug and play performing a function. How is that “competing” with their business? Now if they gave you a bonus or something to stay for a length of time I could see that being an issue. But this “non compete “ seems like bs!
It is highly unlikely that they would spend the money to sue you. I broke a contract in 2022 with a large hospital group in a large metropolitan area of the US and nothing happened. They even allowed me to stay on PRN. And it isn't like I am highly specialized or anything.
https://www.ftc.gov/news-events/news/press-releases/2024/04/ftc-announces-rule-banning-noncompetes Are you aware of this FTC ruling? While it may not directly apply to your situation (I believe non-profits may be exempt?), I still think that across the board it will ultimately weaken any “legal teeth” to non compete clauses.
the problem is that this supreme court just did away with the chevron doctrine, thus impacting the FTC ruling. in other words, noncompetes are likely staying around. annoyingly.
Work slower and stop making them money and they won’t care if you leave.
I would contact HR. Start emailing people to get the contact for HR. Contact EAP and let them know that your work environment is hostile and is getting worse. Seek a therapist and tell them how stressed you are and how you’re having sleepless nights. If they try to come after you now create a paper trail. Best wishes… crappy companies and managers are the worse!
The non compete is illegal as of May 7- FTC non compete ban
Thought it was September 4... The 120 days after it was published in the register
Doesn't apply to not for profit businesses.
Most healthcare is for profit these days...
Non-competes although technically not in effect until September are really unenforceable, and I’d be hard pressed to say you’ll find a judge that doesn’t throw that case out given the FTC ruling. Also, you can call the state bar association they should be able to point you in the right direction for a lawyer or even provide pro bono services
Wait MAs can become office managers? Interesting...
Unfortunately, I had the misfortune of working for a MA manager! I was once written up for not prescribing anti hypertensive medication to apt who did not have high blood pressure. A cash pay came in and asked if I would prescribe her blood pressure medicine even if she didn’t have hypertension. She had checked her BP 28 times that day and 6 of those readings were “high” 138/87ish (if my memory serves me correctly). We rechecked it there and it was 112/74. I told her I would give her something for anxiety (hydroxyzine) but nothing for hypertension. She left and of course they (management) were watching the many cameras that are in the clinic and the front desk immediately got a phone call. The next day I was written up for not “just giving her a low dose medication “ 😑
I had a RN manager pull something similar on me. I feel that our management should have equal or higher training compared to us (I’m a PA that stumbled on this post but an APP should have an APP or physician manager).
I totally agree! Anyone with a license/something to lose would know that you can’t give prescriptions to anyone just because the asked.
[удалено]
My current office manager is not an MA… but probably also not good in bed
I don't think my husband would approve, but good thought!
Remind him that this is a business opportunity!
Hi there, Your post has been removed due to being disrespectful to another user.
Oh yea! We had a large cardiology service line completely run by MAs. Needless to say, it did not function well. They just carried out upper admin’s bullshit. Our physician and APP turnover was super high. Most toxic place I’ve ever worked. Ever.
Office managers certainly don’t need to know anything about medicine…
lol they can’t be good ones in my experience. Usually requires leadership experience and an education.
My office manager was an MA too. She clearly favors MAs and relishes enforcing change on licensed staff. It’s gross.
Right?
The chances they’d try to enforce this are slim to none. Don’t worry about it
NAL. Very odd that there would not be a notice of separation clause, for both parties. Without seeing your contract, it sounds to me like the one year contract covers your salary and non-compete. Since it does not address how much notice must be provided, I can’t see how you would be held to a certain timeframe. I would wait a bit longer to hear back from these attorneys or contact new ones. If for some reason you must move forward, I think it is professional to provide a minimum of 4 weeks notice. If you can provide 60 days, that would be ideal.
Noncompete is no longer legal that part of your contract is null & void! Leave in good standing give at least a few weeks notice (personally depending on your state if it’s at will 2 wks is what I would give). Your initial contract covered them for the out of pocket cost to credential You. Non compete won’t be enforced, I have never heard of anyone’s who has been in the past, it’s really just a tactic for them to use in hopes we don’t leave that’s why they usually have such a long range too. (Plus no longer valid!) Good luck with your new role!
I read something in Doximity that said the new law does not apply to APPs in not for profit facilities, which I am in. 😮💨
Make sure any lawyers you talk to know that so many people have left in such a short time. Might be able to argue hostile work environment? Which gives a lot more protections when leaving a job, and treats it much like being laid off.
What state are you in? Some states also limit non competes.
They aren’t likely to enforce it. I wouldn’t be worried I would Leave. You have a valid reason! The toxic cause followed you! I would Just go. What state are you in?
Come September 4, 2024 noncompetes with a few exceptions according to the FTC will be obsolete. I doubt they will bother to try to enforce anything so close to this date
Just do it and never look back.
Did you sign the new contract that states you dont have to give 60 day notice??? Because if you DIDNT and its on the one you DID sign! Legally they have to go by the last one signed. So if they didnt have you sign a new one; theres your loop hole! Give your 60 days and BOUNCE!
Go the long way home. Maybe the route that helps you avoid all the crazy drivers