Court Bars Health Care Workers from Switching JobsA Wisconsin judge treats health care workers like serfs, legally tied to the workplace they'd like to leave.
By Brian Doherty
January 24, 2022
UPDATE: The order that was the subject of this story was rescinded by Judge Mark McGinnis in a hearing today after this story was filed. The original story follows:
Ascension, a health care company with locations in Wisconsin, recently hired seven workers specializing in interventional radiology and cardiovascular work. All of them used to work for the competing health care provider ThedaCare, and they represent a majority of the latter's formerly 11-member team.
Now ThedaCare is using the courts to stop the former employees from taking their chosen new jobs. Last week Outagamie County Circuit Court Judge Mark McGinnis insanely agreed to legally prevent these workers from starting their new jobs. None of these Americans were barred contractually from leaving the old job at will or from taking a new one.
The court's temporary restraining order stated that Ascension must "Make available to ThedaCare one invasive radiology technician and one registered nurse of the individuals resigning their employment with ThedaCare to join Ascension, with their support to include on-call responsibilities or…Cease the hiring of the individuals referenced until ThedaCare has hired adequate staff to replace the departing IRC team members."
The resource the judge insists that Ascension must "make available" is a group of human beings who did not choose to be made available to ThedaCare. ThedaCare has no argument based on contract or non-compete clauses for its brazen demand; it is merely declaring that its former employees' choice to go will harm it and, it insists, harm public health in the area. A further hearing on the matter is happening today.
Not that it should matter, but Ascension did no active poaching of the employees; one freely applied, preferred the offer, and word spread among the others. It's a choice they should of course be free to make.
ThedaCare insists that since it is the only Level II trauma and comprehensive stroke care operation in its area (stretching from Green Bay and Milwaukee), the loss of its ability to have 24/7 staff on call—at least until it is able to find people freely willing to accept its compensation package—could both threaten its accreditation and present health risks to the residents who might need its services.
* * *
Source:
https://reason.com/2022/01/24/court-bars-health-care-workers-from-switching-jobs/
