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Re: "Medical" diagnosis? Isn't PT diagnosis good enough?
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Re: "Medical" diagnosis? Isn't PT diagnosis g... - April 13, 2005 10:17:00 AM
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TLB
Posts: 353
Joined: September 13, 2002
From: Arizona
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Wisecracker,
[QUOTE] As an aside, non-compete clauses can and do hold water, if they're constructed correctly. I know of 2 that were enforced and became quite costly to the losers [/QUOTE]Care to reference these for me? I'll try and dig up the ones I know didn't "hold water". Ask any good lawyer you know and the answer will be you cannot restrict someone from earning a living.
Todd
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Todd
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Re: "Medical" diagnosis? Isn't PT diagnosis g... - April 13, 2005 10:57:00 AM
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JLS_PT_OCS
Posts: 1684
Joined: January 30, 2005
From: USA
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I do know in the fitness world, these things are commonplace, and uniformly hated.
I can see the perspective of the business owner here, and I think I see where Terry is coming from.
But surely there is a better way around it than that?
J
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Jason Silvernail DPT, OCS, CSCS
"It isn't what you're able to do that requires your courage but rather what you have come to understand and are willing to express." - Barrett Dorko,PT
**I no longer post on RehabEdge**
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Re: "Medical" diagnosis? Isn't PT diagnosis g... - April 13, 2005 12:49:00 PM
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srcase
Posts: 551
Joined: November 30, 2004
From: Michigan
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Yeah, treat your employees like thinking, feeling human beings and they won't want to bite you in the a**. I worked for a company that introduced the non-compete when they got wind that some of the employees were leaving, and I think it did more harm than good...suspicions arose and people felt manipulated and trusted each other less. I think Rick had it right when he said he makes sure his employees feel a sense of ownership in the company. It's all about control and no one likes to be controlled....but treat them how you would like to be treated and they will be loyal and trustworthy employees.
I have also read that these contracts do not actually "hold water" in the judicial system, but it can be so expensive fighting it that it makes no sense to try. Just go somewhere else and/or refuse to sign.
Sarah
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Re: "Medical" diagnosis? Isn't PT diagnosis g... - April 13, 2005 3:31:00 PM
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Wisecracker
Posts: 70
Joined: November 15, 2001
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I'll dig up the cases if you really want them, both were in California. The way I described the construction of the non-compete is the key. This does not obstruct anyone from making a living, it will just cost you to violate a contract that you signed. And I have spoken to some very good attorneys (related to too many of them, lol), and their take is that non compete is enforceable if it is set up correctly, hell they have them in their professional partnership agreements.
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Re: "Medical" diagnosis? Isn't PT diagnosis g... - April 13, 2005 11:06:00 PM
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Randy Dixon
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Joined: August 6, 2004
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Take a look at it from the employers viewpoint. I spend years and lots of money cultivating relationships with referral sources. I decide to trust you with them so I can spend some time with my family. After some time they become YOUR referral sources, not mine. You go off and start a business on the same block as me. It happens, all the time.
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Re: "Medical" diagnosis? Isn't PT diagnosis g... - April 14, 2005 2:46:00 AM
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Sebastian Asselbergs
Posts: 1205
Joined: September 29, 1999
From: Barrie, Canada
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Randy, I AM an employer. Have been for many years. As Sarah and others have pointed out, how associates are treated will come back to the employer. If it is a professional, collegial approach, it becomes easy to get to know the PT quite well within a few months - too short for them to develop their own referral base when they are "sharks", and long enough to know that they might be a problem and to let them know the working relationship is over.
You see, the style of work a PT has with patients, tells a lot about their style of living and dealing with people in general. If an employer can not get an idea of what kind of person s/he is dealing with in a few months - I guess they need a non-comp contract with all the baggage related to that.
I prefer to not use them - it hasn't hurt me or my clinic in its 11 years. Heck, maybe I'm lucky, maybe I've made my own luck...
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Mundi vult decipi
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Re: "Medical" diagnosis? Isn't PT diagnosis g... - April 14, 2005 4:00:00 AM
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JLS_PT_OCS
Posts: 1684
Joined: January 30, 2005
From: USA
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I can see Randy and Terry's point of view.
Not every employee is an honest, hardworking, trustworthy person.
Even in our business, there are personality conflicts and other issues that may cause a parting of the ways. If a business owner has put time, money, and effort into a business, is it fair for an associate to come in new, reap all that benefit (with no risk, they can always find another job, they don't own the success of the business), and then leave to start competing? I think I can see where employers are coming from.
But surely, some sort of alternate arrangement can be worked out, either a preliminary employment period or non-compete clause that has a short duration?
J
_____________________________
Jason Silvernail DPT, OCS, CSCS
"It isn't what you're able to do that requires your courage but rather what you have come to understand and are willing to express." - Barrett Dorko,PT
**I no longer post on RehabEdge**
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