Legal Question in Business Law in Florida

I previously was hired by an Home health agency, I worked with them for 7 months. The client that had given me to care for had needs beyond the agency limitatations. See the agency was not a licsenced health agency meaning me as a caregiver could do any hands on or physical with the clients nor any hygeine area. The last client they gave me had some serious issues, I would come to the clients house and the condition of the house was unworakble under the agency guidlines. The clients has issues with using the restroom and feces would end up everywhere. I would complain to my boss on a daily basis, and my boss would say that not your job you cant clean that up, but at the same time expected me to show up and still work. This went on for a few months. then I went to my clients family and explained to them under the agnecy rules I am not allowed to clean up the clients feces. And by the client living by himself the no one else was there to clean it. So I always ended up cleaning up the mess. I expalined to my boss and to the client family my previous jobs I have dealt with type of issue and cleaned it up with no problem, but because I am through this agency they have guidlines stating I cant keep doing this. At the end of the day my boss would say I cant clean up the mess that not my job but he still wanted me to come to work, because he only had 2 clients in his whole agency and he didnt want to lose any money. I couldnt deal with any more, I had gotten so sick one day, because the clients had feces everywhere and the smell was bad. So I gave my boss a 2 week notice and I quit. Well my boss never had an a replacement for me and the client family was aware of this too. So after I quit the clients family wanted to hire me privately, because I didnt have limitations. So I took there offer. Now my old boss is saying i stole his client and he is taking me to court. I never signed anything stating I wouldnt be hired a a private caregiver. Plus my old boss agency could not meet the needs of the clients because of their limitations. My question is what can I do, and can he take me to court?


Asked on 3/11/11, 11:56 am

2 Answers from Attorneys
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

He CAN take you to court, but that doesn't mean you did anything wrong or that your boss will prevail. He is trying to enforce what is called a "covenant not to compete" except that you are under no such covenant. However, you do need to defend yourself.

If you would like to talk further, please feel free to call me at 813-374-2216 or e-mail me at [email protected].

God luck.

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Answered on 3/11/11, 1:00 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree entirely with the other attorney answer. People can sue for anything; the question is whether they will prevail or not. I can also add there are two different issues here. The first is the non-compete, which you seem to be on good defensive grounds. The second is a customer list - solicitation issue that is entirely different. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 3/12/11, 7:35 am


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