Can your nursing license be revoked due to a breach of non-compete/ non-solicitation clause?

I am a Licensed Practical Nurse doing in-home nursing for an agency. When hired, I was told about a clause in which you could not work for a client for six months after leaving the company, otherwise you would face a $10,000 fine. I have been with the same family for a year and they have been dis-satisfied with the nurses provided by said company. I have a feeling they will leave this company soon, tension is high daily. So, I called the company to get clarification on the clause a.) does the $10,000 apply to the case as a whole or will I be fined for each patient at this home? b.) does the family get fined, or is it the nurse, or both parties?
The response was very vague and gaurded and in a nut-shell, I was told that the family would be fined, then it changed to both parties would be fined, then I was told there was no time parameters for the clause and if I ever worked for the family they would submit my license to the board of nursing and I may lose my license. Am I allowed to have a copy of the agreement? I feel like they are trying to use scare tactics to co-erce my decision. If the clause states six months, can they really go after my nursing license?

2 answers  |  asked Dec 7, 2011 5:42 PM [EST]  |  applies to Ohio

Answers (2)

Neil Rubin
Huh? I agree with Bruce. Sounds like your employer is making things up to control you. Your company can not "fine" you. Time to get an attorney.

posted by Neil Rubin  |  Dec 10, 2011 07:36 AM [EST]
Bruce Elfvin
In your description this sounds very fishy, I know of no such fine through any licensing board. So, you really need to put into writing all the conflicting stories they have told you and also see an employment lawyer.

You can select one near you at www.oelasmart.net/directory

posted by Bruce Elfvin  |  Dec 8, 2011 4:52 PM [EST]

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