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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.
Published in General
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.
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.
Come to Texas. It’s warmer, more free, and Wisconsin won’t have jurisdiction.
Here’s the update from the same source:
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.
Both. It is called ‘Regulatory Capture’ leftists think it is a feature and not a bug.
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.
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?
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.
No.
In this case I think it’s Aaron Rodgers’ fault.
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.
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.
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.”
Kind of like the post office? ;)
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.
Ascension Health had $27Billion in revenue for the previous year. I think ThedaCare had $527Million.
They call those “gag orders”. Happens all the time too.
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.
Ascension is also in several states. I work for Ascension in Texas.
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.