Court Order Prevents Nurses from Taking New Jobs in ‘At-Will’ State

 

This is totally outrageous and an example of how our freedoms are gone. The short story is that seven staff from at hospital A found higher-paying jobs at hospital B in an “at will” state. Hospital A had the chance to match the pay and did not, and instead sued for an injunction to prevent B from hiring the staff. And the Judge granted it!

Of course, Hospital A could well fire those people any time they want. But they reserve the right to not let them leave?

We are serfs.

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  1. Zafar Member
    Zafar
    @Zafar

    Percival (View Comment):

    Zafar (View Comment):

    Don’t they have a union?

    Get real. Does one need a union to have human rights?

    Apparently.  I agree that one shouldn’t. But apparently.

    • #31
  2. Percival Thatcher
    Percival
    @Percival

    Zafar (View Comment):

    Percival (View Comment):

    Zafar (View Comment):

    Don’t they have a union?

    Get real. Does one need a union to have human rights?

    Apparently. I agree that one shouldn’t. But apparently.

    That judge better hope that the appeals court is in a charitable mood. This is the kind of reversal whose opinion should be written by the crankiest judge they can find.

    • #32
  3. Kozak Member
    Kozak
    @Kozak

    Looks like the judge today made a good decision. He cancelled the restraining order against Ascension, the workers can start work immediately.

    Judge lifts restraining order against Ascension in dispute with ThedaCare over employees

    The lawsuit will continue.  I don’t see what the idiots at Theda Care think they are going to win.  Why would you try to force healthcare workers to work in your hospital if they don’t want to.

     

    • #33
  4. JosePluma, Local Man of Mystery Thatcher
    JosePluma, Local Man of Mystery
    @JosePluma

    EHerring (View Comment):

    Wisconsin

    Come to Texas.  It’s warmer, more free, and Wisconsin won’t have jurisdiction.

    • #34
  5. JosePluma, Local Man of Mystery Thatcher
    JosePluma, Local Man of Mystery
    @JosePluma

    Kozak (View Comment):

    Looks like the judge today made a good decision. He cancelled the restraining order against Ascension, the workers can start work immediately.

    Judge lifts restraining order against Ascension in dispute with ThedaCare over employees

    The lawsuit will continue. I don’t see what the idiots at Theda Care think they are going to win. Why would you try to force healthcare workers to work in your hospital if they don’t want to.

     

    Here’s the update from the same source:

    • #35
  6. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Y’all beat me to it! 

    The judge should have never, ever granted the TRO

    • #36
  7. Percival Thatcher
    Percival
    @Percival

    Bryan G. Stephens (View Comment):

    Y’all beat me to it!

    The judge should have never, ever granted the TRO

    The judge lifted his own TRO. ThedaCare asked for it Friday. He said there would be a hearing on it as soon as possible, which was today. He found that ThedaCare had other options, so he bagged the TRO.

    • #37
  8. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Percival (View Comment):

    Bryan G. Stephens (View Comment):

    Y’all beat me to it!

    The judge should have never, ever granted the TRO

    The judge lifted his own TRO. ThedaCare asked for it Friday. He said there would be a hearing on it as soon as possible, which was today. He found that ThedaCare had other options, so he bagged the TRO.

    He never should  have granted it.

     If I’m an atwill employer I don’t get to dictate to my employees that they can’t quit.

    • #38
  9. Percival Thatcher
    Percival
    @Percival

    Bryan G. Stephens (View Comment):

    Percival (View Comment):

    Bryan G. Stephens (View Comment):

    Y’all beat me to it!

    The judge should have never, ever granted the TRO

    The judge lifted his own TRO. ThedaCare asked for it Friday. He said there would be a hearing on it as soon as possible, which was today. He found that ThedaCare had other options, so he bagged the TRO.

    He never should have granted it.

    If I’m an atwill employer I don’t get to dictate to my employees that they can’t quit.

    They told him it was an emergency. He wanted the two side to come up with aa accommodation. They didn’t, and the ones seeking the restraining order had other options, so he said that they’d better pick one. 

    Dire emergencies on Friday can look different on Monday. I think he shouldn’t have done it either, but at least he rolled it back on his own.

    • #39
  10. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Percival (View Comment):

    Bryan G. Stephens (View Comment):

    Percival (View Comment):

    Bryan G. Stephens (View Comment):

    Y’all beat me to it!

    The judge should have never, ever granted the TRO

    The judge lifted his own TRO. ThedaCare asked for it Friday. He said there would be a hearing on it as soon as possible, which was today. He found that ThedaCare had other options, so he bagged the TRO.

    He never should have granted it.

    If I’m an atwill employer I don’t get to dictate to my employees that they can’t quit.

    They told him it was an emergency. He wanted the two side to come up with aa accommodation. They didn’t, and the ones seeking the restraining order had other options, so he said that they’d better pick one.

    Dire emergencies on Friday can look different on Monday. I think he shouldn’t have done it either, but at least he rolled it back on his own.

    Not good enough. 

    Workers at will have a right to leave.

    This was an abridgement of rights. This is rendering workers into serfs who cannot leave the property of the lord. I’d vote against this judge if I could. I spend money to campaign against him.

     

    • #40
  11. Percival Thatcher
    Percival
    @Percival

    Bryan G. Stephens (View Comment):

    Percival (View Comment):

    Bryan G. Stephens (View Comment):

    Percival (View Comment):

    Bryan G. Stephens (View Comment):

    Y’all beat me to it!

    The judge should have never, ever granted the TRO

    The judge lifted his own TRO. ThedaCare asked for it Friday. He said there would be a hearing on it as soon as possible, which was today. He found that ThedaCare had other options, so he bagged the TRO.

    He never should have granted it.

    If I’m an atwill employer I don’t get to dictate to my employees that they can’t quit.

    They told him it was an emergency. He wanted the two side to come up with aa accommodation. They didn’t, and the ones seeking the restraining order had other options, so he said that they’d better pick one.

    Dire emergencies on Friday can look different on Monday. I think he shouldn’t have done it either, but at least he rolled it back on his own.

    Not good enough.

    Workers at will have a right to leave.

    This was an abridgement of rights. This is rendering workers into serfs who cannot leave the property of the lord. I’d vote against this judge if I could. I spend money to campaign against him.

     

    He didn’t prevent them from leaving. That would be a violation of the 13th Amendment. He prevented them from working for the other hospital. It was every bit as stupid to do so, but at least it was constitutional.

    • #41
  12. Instugator Thatcher
    Instugator
    @Instugator

    DonG (CAGW is a hoax) (View Comment):

    DrewInWisconsin, Oaf (View Comment):
    I would hope that the last two years would be a wake-up call, showing just how disastrous things would be if the government ran healthcare.

    It is not clear if the government runs the healthcare industry or if the healthcare industry runs government. Either way, more consolidation would be bad.

    Both. It is called ‘Regulatory Capture’ leftists think it is a feature and not a bug.

    • #42
  13. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Percival (View Comment):

    Bryan G. Stephens (View Comment):

    Percival (View Comment):

    Bryan G. Stephens (View Comment):

    Percival (View Comment):

    Bryan G. Stephens (View Comment):

    Y’all beat me to it!

    The judge should have never, ever granted the TRO

    The judge lifted his own TRO. ThedaCare asked for it Friday. He said there would be a hearing on it as soon as possible, which was today. He found that ThedaCare had other options, so he bagged the TRO.

    He never should have granted it.

    If I’m an atwill employer I don’t get to dictate to my employees that they can’t quit.

    They told him it was an emergency. He wanted the two side to come up with aa accommodation. They didn’t, and the ones seeking the restraining order had other options, so he said that they’d better pick one.

    Dire emergencies on Friday can look different on Monday. I think he shouldn’t have done it either, but at least he rolled it back on his own.

    Not good enough.

    Workers at will have a right to leave.

    This was an abridgement of rights. This is rendering workers into serfs who cannot leave the property of the lord. I’d vote against this judge if I could. I spend money to campaign against him.

     

    He didn’t prevent them from leaving. That would be a violation of the 13th Amendment. He prevented them from working for the other hospital. It was every bit as stupid to do so, but at least it was constitutional.

    Not is is not. I have a right to work. There was no reason to abridge their right to Free association via work. 1st Amendment. 

    This was a violation of their rights. Period. 

    • #43
  14. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Further the idea that you are not prevented from leaving because you’re not allowed to take another job is ludicrous. Oh sure you can leave but you’re not allowed to go someplace out and keep making money. That is not a real choice.

     Have you ever been without a job?

    • #44
  15. Kozak Member
    Kozak
    @Kozak

    Percival (View Comment):
    He didn’t prevent them from leaving. That would be a violation of the 13th Amendment. He prevented them from working for the other hospital. It was every bit as stupid to do so, but at least it was constitutional.

    How exactly did that mitigate the “emergency”?   Now no one is getting the care in the Fox Valley.  If TC hadn’t run to the judge those people could have been on the job Monday.  Thank God he finally saw sense and revoked the ruling.

    • #45
  16. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Kozak (View Comment):

    Percival (View Comment):
    He didn’t prevent them from leaving. That would be a violation of the 13th Amendment. He prevented them from working for the other hospital. It was every bit as stupid to do so, but at least it was constitutional.

    How exactly did that mitigate the “emergency”? Now no one is getting the care in the Fox Valley. If TC hadn’t run to the judge those people could have been on the job Monday. Thank God he finally saw sense and revoked the ruling.

    He prevented them from getting money. He slowed the start of their insurance clocks. He harmed these 7 workers AND aided and abetted this evil hospital system (and I mean EVIL) in using lawfare to intimidate these 7 people and others still there. Imaging thinking you had a job lined up and then being told by a judge, “Sorry, you can’t work there”. Imagine the anguish of the weekend for those people. 

    This was wrong and it violated their fundamental rights as employees. 

    • #46
  17. The Cloaked Gaijin Member
    The Cloaked Gaijin
    @TheCloakedGaijin

    DrewInWisconsin, Oaf (View Comment):

    Bryan G. Stephens (View Comment):

    EHerring (View Comment):

    Wisconsin

    @ drewinwisconsin

    Is this your fault? :P

    Everything else is. This might as well be, too.

    No. 

    In this case I think it’s Aaron Rodgers’ fault.

    • #47
  18. Percival Thatcher
    Percival
    @Percival

    Bryan G. Stephens (View Comment):

    Kozak (View Comment):

    Percival (View Comment):
    He didn’t prevent them from leaving. That would be a violation of the 13th Amendment. He prevented them from working for the other hospital. It was every bit as stupid to do so, but at least it was constitutional.

    How exactly did that mitigate the “emergency”? Now no one is getting the care in the Fox Valley. If TC hadn’t run to the judge those people could have been on the job Monday. Thank God he finally saw sense and revoked the ruling.

    He prevented them from getting money. He slowed the start of their insurance clocks. He harmed these 7 workers AND aided and abetted this evil hospital system (and I mean EVIL) in using lawfare to intimidate these 7 people and others still there. Imaging thinking you had a job lined up and then being told by a judge, “Sorry, you can’t work there”. Imagine the anguish of the weekend for those people.

    This was wrong and it violated their fundamental rights as employees.

    I think that the judge might have thought that TheraCure would take the not-so-subtle hint that a counter offer was in their best interest.

    Stubborn and stupid is a bad combination.

    • #48
  19. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Percival (View Comment):

    Bryan G. Stephens (View Comment):

    Kozak (View Comment):

    Percival (View Comment):
    He didn’t prevent them from leaving. That would be a violation of the 13th Amendment. He prevented them from working for the other hospital. It was every bit as stupid to do so, but at least it was constitutional.

    How exactly did that mitigate the “emergency”? Now no one is getting the care in the Fox Valley. If TC hadn’t run to the judge those people could have been on the job Monday. Thank God he finally saw sense and revoked the ruling.

    He prevented them from getting money. He slowed the start of their insurance clocks. He harmed these 7 workers AND aided and abetted this evil hospital system (and I mean EVIL) in using lawfare to intimidate these 7 people and others still there. Imaging thinking you had a job lined up and then being told by a judge, “Sorry, you can’t work there”. Imagine the anguish of the weekend for those people.

    This was wrong and it violated their fundamental rights as employees.

    I think that the judge might have thought that TheraCure would take the not-so-subtle hint that a counter offer was in their best interest.

    Stubborn and stupid is a bad combination.

    I am sure he did. But, this harmed people. TheraCure should have to pay them for any lost time at the rates they would have made. 

    • #49
  20. Kozak Member
    Kozak
    @Kozak

    Bryan G. Stephens (View Comment):

    Kozak (View Comment):

    Percival (View Comment):
    He didn’t prevent them from leaving. That would be a violation of the 13th Amendment. He prevented them from working for the other hospital. It was every bit as stupid to do so, but at least it was constitutional.

    How exactly did that mitigate the “emergency”? Now no one is getting the care in the Fox Valley. If TC hadn’t run to the judge those people could have been on the job Monday. Thank God he finally saw sense and revoked the ruling.

    He prevented them from getting money. He slowed the start of their insurance clocks. He harmed these 7 workers AND aided and abetted this evil hospital system (and I mean EVIL) in using lawfare to intimidate these 7 people and others still there. Imaging thinking you had a job lined up and then being told by a judge, “Sorry, you can’t work there”. Imagine the anguish of the weekend for those people.

    This was wrong and it violated their fundamental rights as employees.

    Medical field is a small tight community. Word gets around.   People will contact their friends in the area about a job posting, and they will be told about this horse sh#t.  Theda Care is probably going to have to pay through the nose for travel nurses and X-ray staff going forward. No one is going to want to work for them.

    • #50
  21. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Kozak (View Comment):

    Bryan G. Stephens (View Comment):

    Kozak (View Comment):

    Percival (View Comment):
    He didn’t prevent them from leaving. That would be a violation of the 13th Amendment. He prevented them from working for the other hospital. It was every bit as stupid to do so, but at least it was constitutional.

    How exactly did that mitigate the “emergency”? Now no one is getting the care in the Fox Valley. If TC hadn’t run to the judge those people could have been on the job Monday. Thank God he finally saw sense and revoked the ruling.

    He prevented them from getting money. He slowed the start of their insurance clocks. He harmed these 7 workers AND aided and abetted this evil hospital system (and I mean EVIL) in using lawfare to intimidate these 7 people and others still there. Imaging thinking you had a job lined up and then being told by a judge, “Sorry, you can’t work there”. Imagine the anguish of the weekend for those people.

    This was wrong and it violated their fundamental rights as employees.

    Medical field is a small tight community. Word gets around. People will contact their friends in the area about a job posting, and they will be told about this horse sh#t. Theda Care is probably going to have to pay through the nose for travel nurses and X-ray staff going forward. No one is going to want to work for them.

    I would not want to go to them for care. I don’t want providers that pissed off working with me. 

    • #51
  22. Bluenoser Member
    Bluenoser
    @Bluenoser

    The more I think about it. This is is actually a very good illustration of how we are living Atlas Shrug right now. 

    • #52
  23. Kozak Member
    Kozak
    @Kozak

    Bluenoser (View Comment):

    The more I think about it. This is is actually a very good illustration of how we are living Atlas Shrug right now.

    When Obama Care was being debated I told people if we get government health care, I would leave medicine ( I actually went overseas for 2 years even with O care to escape.)  People would get back to me and tell me they would force me to work.  I would tell them , “they might be able to make me come to work, but they can’t force me to do my job.”

    • #53
  24. Blondie Thatcher
    Blondie
    @Blondie

    Kozak (View Comment):

    I would tell them , “they might be able to make me come to work, but they can’t force me to do my job.”

    Kind of like the post office? ;)

    • #54
  25. Instugator Thatcher
    Instugator
    @Instugator

    Bryan G. Stephens (View Comment):

    Not is is not. I have a right to work. There was no reason to abridge their right to Free association via work. 1st Amendment. 

    This was a violation of their rights. Period. 

    So is every time LE stops you to ask a question. So is every bit of time spent awaiting trial. So is whenever someone is placed on a 72 hour hold, or involuntarily committed.

    Happens all the time.

    It was lifted after 3 days. They should count themselves lucky. 

    • #55
  26. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Instugator (View Comment):

    Bryan G. Stephens (View Comment):

    Not is is not. I have a right to work. There was no reason to abridge their right to Free association via work. 1st Amendment.

    This was a violation of their rights. Period.

    So is every time LE stops you to ask a question. So is every bit of time spent awaiting trial. So is whenever someone is placed on a 72 hour hold, or involuntarily committed.

    Happens all the time.

    It was lifted after 3 days. They should count themselves lucky.

    First off, getting pulled over or on a hold are specific circumstances, as is awaiting Trial. 

    This is akin to an order telling you, out of the blue, that you cannot hang out with friend B because friend A does not want you too. 

    I am not going to back down on this. I would work to have that judge removed if I lived there. 

    • #56
  27. DonG (CAGW is a hoax) Coolidge
    DonG (CAGW is a hoax)
    @DonG

    Kozak (View Comment):

    DonG (CAGW is a hoax) (View Comment):

    Another way to view it, a judge has temporarily (up to 90 days) prevented a huge healthcare company from hiring away an entire emergency care department from some small town provider. Walmart does stuff like that to mom-and-pop stores in small towns all over America.

    Uh no.

    If anything Theda Care is the bully in the area.

    The two systems are evenly matched, with TC having Theda Clark and Appleton Medical Center, and Ascension having St Elizabeths and Oshkosh Medical Center.

    All TC had to do was match the offer. Instead as is their tendency they ran to the lawyers. Now no one in the Fox Valley will get the care.

    Ascension Health had $27Billion in revenue for the previous year.  I think ThedaCare had $527Million.  

    • #57
  28. Instugator Thatcher
    Instugator
    @Instugator

    Bryan G. Stephens (View Comment):
    This is akin to an order telling you, out of the blue, that you cannot hang out with friend B because friend A does not want you too. 

    They call those “gag orders”. Happens all the time too.

    Bryan G. Stephens (View Comment):
    First off, getting pulled over or on a hold are specific circumstances, as is awaiting Trial. 

    I recently witnessed a person being put on “a hold”. It was unnecessary, unwarranted, and an absolute deprivation of rights. It also lasted an involuntary 5 days. Could have gone on for another 9 days before the person being “held” could talk in front of a judge.

    During this time, most of this person’s “patient rights” were waived away because “COVID!!!”

    The doctors in question could not take up a new job for 3 days. The only reason for that was that Judges (and lawyers) don’t work weekends. 

    It was resolved, in their favor. My example has no one to turn to to get their “5 days” back.

    • #58
  29. JosePluma, Local Man of Mystery Thatcher
    JosePluma, Local Man of Mystery
    @JosePluma

    DonG (CAGW is a hoax) (View Comment):

    Kozak (View Comment):

    DonG (CAGW is a hoax) (View Comment):

    Another way to view it, a judge has temporarily (up to 90 days) prevented a huge healthcare company from hiring away an entire emergency care department from some small town provider. Walmart does stuff like that to mom-and-pop stores in small towns all over America.

    Uh no.

    If anything Theda Care is the bully in the area.

    The two systems are evenly matched, with TC having Theda Clark and Appleton Medical Center, and Ascension having St Elizabeths and Oshkosh Medical Center.

    All TC had to do was match the offer. Instead as is their tendency they ran to the lawyers. Now no one in the Fox Valley will get the care.

    Ascension Health had $27Billion in revenue for the previous year. I think ThedaCare had $527Million.

    Ascension is also in several states.  I work for Ascension in Texas.

    • #59
  30. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Instugator (View Comment):

    Bryan G. Stephens (View Comment):
    This is akin to an order telling you, out of the blue, that you cannot hang out with friend B because friend A does not want you too.

    They call those “gag orders”. Happens all the time too.

    Bryan G. Stephens (View Comment):
    First off, getting pulled over or on a hold are specific circumstances, as is awaiting Trial.

    I recently witnessed a person being put on “a hold”. It was unnecessary, unwarranted, and an absolute deprivation of rights. It also lasted an involuntary 5 days. Could have gone on for another 9 days before the person being “held” could talk in front of a judge.

    During this time, most of this person’s “patient rights” were waived away because “COVID!!!”

    The doctors in question could not take up a new job for 3 days. The only reason for that was that Judges (and lawyers) don’t work weekends.

    It was resolved, in their favor. My example has no one to turn to to get their “5 days” back.

    Does not help any argument that what happened was right. 

    You seem to want to make excuse for it. It was wrong, rights were violated. Period. 

    But you don’t seem to think that is any big deal. 

     

    • #60
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