The fact that the old employer's first reaction is to sue (when no employment contract exists) tells me all I need to know about why those employees left in the first place.
Odd is that there is even case where one employer can order other one's choices through court. As soon as the people quit first employer, then they had nothing else to do with the first company. At will workers stil have some conditions on working, so there is still contract, but it just has the "at will" clause, but that is also wrong that if it is not suitable for employer, then they just change the conditions, but if it would be unsuitable for employee, then there is nothing to do. With hospitals there is some kind of employment contract still, even for liabiliy sake in case of mistakes done at work, so do not come with the talk that there is no employment contract. The "at will" is just condition in there that should allow employer to fire employee and employee to quit, but on currently that is kind of made void ... Well, not quite, because people quit, so they cannot work at first employer, but now they cannot start working for 2nd one because of that obscure restriction that judge approved. Restriction that basically ordered one company to follow order of another company.
@@zapazap How not so? Management clearly feels entitled to keep the workers otherwise they would have made counteroffers. What other acts of entitled management were these employees subject to?
@@jdgindustries2734 "At will" is a condition of their employment contract. All professionals operate under an employment contract that details the terms of their employment, benefits, etc.
Just because you don't agree with it doesn't make it the wrong thing to do in this situation. There's a case here that the judge needs to hear and until the judge is able to hear it they asked that the main cruxt of their lawsuit not take effect until after the lawsuit. That's actually a very good thing, imagine being in a lawsuit with the town you live in because they want to bulldoze your house to build a park and you're trying to sue for that not happening. Without this mechanism you can't stop the town from bulldozing your house until after the lawsuit is settled.
I honestly don't understand why a competent judge would even consider this injunction, let alone grant it. Injunctions are only intended for situations where there is a risk of irreparable harm if something is not prevented. One might potentially be able to argue there is irreparable harm if they don't continue working for the old company, but the injunction does not actually ensure that, and cannot legally require that, so it should be completely irrelevant. There is quite clearly no _irreparable_ harm inherent in them working for the new company vs, for example, finding some other job (or just staying home, if they can afford to). If the judge granted this injunction on the justification that there is irreparable harm if they don't continue working at the old company, and therefore the purpose of the restraining order is specifically to try to force them to continue working at that company (by denying them any other options), then the judge has effectively deliberately violated their 13th Amendment rights, just via a back-door method.
I wonder what the thought process was. Maybe something like this? … “Hey, let’s enhance our reputation as an employer by suing exiting employees. Yes, thats the kind of press that will help us in the long run …”.
@@commonsenseisdeadin2024 funny thing.. A NDA is only valid while you are compensated for your silence. (hence most NDA's come with a lump sum payment.) A contract is only valid for your employment period. So no.. There should be no point at which a previous employer should have any control over your future employment. There are a few exceptions to that though. If you know proprietary information and join a competitor company. They can enforce a gag order about the processes and methods you used to use. (basically a NDA). But they can no longer block you working for other companies. (non-compete clauses are no longer valid.)
He won't this is Mark McGinnis. He jailed a man for six months for rolling his eyes, and dropped F Bombs and insults from the bench. He's not know for his sense and reason.
Exactly. The judge should have laughed this out of the court and told hospital A that was losing these workers "Simple: Match the pay offered by the other hospital or get used to losing your workers!"
The fact this was even entertained by a judge is insane. If I were the employees, I'd sue the original employer for wages lost while the injunction was in place. "Poaching" is only looked down on by employers who know they under pay their employees. It's called a "competitive offer" by everyone else.
I'm not sure they could sue for lost wages, because the option to go back to work is there (I'm assuming). They wouldn't lose wages if they agreed to go back to work. But again, they can't MAKE them, but they can easily say they exercised their choice not to work there. The whole thing seems like a huge violation of civil rights.
I've heard "poach" used non-negatively. If someone claims they poached an employee, they usually mean that they snagged a real prize from a competitor.
Exactly this. The attitude of the first hospital is fucking disgusting and I'm absolutely not surprised 7 people left at once if this is the way they treat their employees.
UPDATE: Although the TRO should have never been issued, the Judge lifted the order the next day, and on Jan. 28, Theda Care dropped its entire loser lawsuit.
I used to work at a hospital (in the IT department). At one point we were losing something like five developers a month, and the primary reason was that the non-profit hospital was paying much lower wages, and giving the reason, "We're a non-profit, so of course salaries are lower!" But the exodus was so extreme they finally had a new salary survey done, and surprise! We were all grossly underpaid. They did the right thing, and there was a massive salary adjustment. I was a tech writer there, and I got a $10K raise. The developers got something like $20K. (I did leave that job a year later for the software industry, and got an immediate $15K bump; at the hospital we were still on the lower end of the wage spectrum for writers).
Also money. Our competitors are paying up to 30% more for the same work. We have had record profits, but promotion and raise freezes for the past year. We also just hired 3 new executives from outside the company without internal promotion available. Horrible employer is probably paying horribly also.
@@nancykaminski8600 This happened to me last year at my Hospital IT department. We didn't leave all at once, I went 2nd and the rest trickled out after. But after about 10 people left they finally restructured the salary and promotion structure. Bad pay is a bad working condition. I used to be an underground miner. I got paid well and had good benefits because the good pay out ways the shitty working conditions.
Insane. The fact the court allowed the temporary injunction is chilling. Even more so was the judge's thinly veiled threat of indefinite financial harm to the employees if they didn't play ball.
Hospital administrator and hospital attorneys need to go back and read the definition of 'At-Will'... and that BOTH parties can break the employment at any time, without notice. Sayonara, hospital! Employers think they have all the control.
@@Marinealver so why doesn't such shit happen in "Liberal country's" people might be inspired by?!? I know of companies whose contract includes as much as 6 months "none competition" clauses and keep paying according transitional wages (mostly temp agencies, having a buyout price too).
@@Marinealver this has NOTHING to do with progressives and you are pathetic for dragging shit into it that has nothing to do with it... this is happening because of our health care system being a purely capitalist system that understaffs their facilities to make more money. Every other civil County treats their Healthcare as nessasy infrastructure like roads, bridges, schools... we are a joke! You are pathetic dragging a political group who is so insanely removed from the situation just because that is what you do every time something negative is going on now 🙄 just ridiculous 🙄
@@fionafiona1146 this is what these people do... they project everything they do onto their precived enemies... if we are racist we will use the racist accusation against others and pretend we are the victim, if we are responsible for the continued state of our Healthcare system being a capitalism/ for profit system that is not working for our people and not working for the Healthcare providers because they understaff the hospital and over work them to keep more money in our pockets we blame them for it, if we are not funding schools properly and screwing up our children's education we will turn it around on them, if we are indoctrinating children to our world view then we will accuse them of exactly that for exposing children to facts about history and reality... this is their entire new play... they are bullies who the second get the tiniest push back cry victim! 😢
The only reason a group of employees all up and quit at once and all find work at the same place is if something awful is happening in that work culture. And by making the incredibly short sighted decision to further harm these employees by suing to prevent them from working, the hospital is begging to have its dirty laundry aired.
The old employer should be sued for damages, including lost wages. Maybe even criminal malice. " This is clearly vindictive ". The old hospitals attorney should have told his client " the old employer " there is no grounds for this since they are not under contract. The judge needs a 90 day unpaid suspension for granting a frivolous injunction that is so damaging to many american families. The actions of this judge introduced a dangerous ideology of practice to use the law as a tool to control employees that are pursuing life, liberty, and happiness.
the whole team should move, and sue them for the cost of moving since they couldn't be employed in the state, as the former employer legally blocked future employment opportunities... get the media interested, watch the shit storm.. of how "at-will" means, at your employers will, not your will...
@@AshenTechDotCom Absolutely! At a prior employer we had both contract and full time employees. Often these FT employees were referred to as "permanent" but CA is an at will state and I would remind people that it's not a permanent role, just that it's a General Full Time role, they were still at will and nothing changed other than there was no longer a specific end date to their employment. (Plus bennies, it was a good change of course, but that's tangential to the point at hand). At this employer it was common that if you were at a certain level and might go to a competitor that you were kept on payroll for 3-6 months with no work (signed in contract) before you left the company. To me that's reasonably fair, "we don't want you going to a competitor immediately with recent detailed company knowledge, so we'll pay you off to wait."
If they are “at will” employees then the judge should have dismissed the lawsuit. There is no reasons to go through this. There must be a way to recall such judges.
No that's an intentional part of the judge system, something normal people have no say in so the abuses cannot be addressed except by another judge. No part of this legal system is for your benefit, assuming you're not a successful capitalist or other kind of power broker.
I think there may have been a slight misunderstanding in the beginning of this video-that at-will employees aren’t on contract. At-will employment DOES (and should) carry contracts, indicating such. Frequently, at-will employment comes w/ relatively complex sets of restrictions (not all of which would stand in court, of course). Some at-will employees, for instance, are asked to sign contracts and/or NDAs which may restrict their ability to seek employment with industry competitors. Again, not all of these would stand in court in the end, but employers are so sneaky that they’d throw in these clauses to make it hard for at-will employees to be truly “at will.”
Soooo, basically they are suing for the right to have ownership of their employees. And the judicial system is like, yeah sure, we can do that. Great.😒
This is the same judge that kept a guy in jail for 42 days and tried to fine him $5k for rolling his eyes. He was eventually overruled, but the guy still sat in jail a month and a half.
The fact that the judge upheld the ruling preventing them from going to their new job is absolutely insane. They can't "poach" employees. They can offer them more $. Capitalism.
@@youtubehatesfreedom1870 Last I head the new employer has told the workers "Look, just come in and start with us on Monday like normal, our legal team will take care of things." Basically calling the judge's bluff, which is great.
yep they should all leave and dont say to where Wisconsin is a Right-to-Work States when i leave a job with a 2 week notice and they ask me where i plan on going i tell them none of your business
20 years ago someone in my state won the lottery and decided to divide their winnings up with their 19 co workers. They said that they would still have millions of dollars and that was plenty for anyone to have. So the entire staff of the company except the owner, his wife and son, all quit without notice the next day. This ended up putting the company out of business. The owner then sued the lottery winner and asked for an amount equal the what they gave away to each of their co workers. I was astonished that the judge allowed this to go to trial. It dragged on for about a year. The plaintiff had claimed that the lottery winner was disgruntled and gave the money away only because they wanted to put their former employer out of business not for the altruistic reason of generosity. The defense argued that nobody would give away 95% of their wealth just to get even with an employer they had a disagreement with. The jury found for the defendant, the lottery winner. During that entire year the lottery winner could not spend a cent of their winnings as the court ordered their assets frozen. Since the 19 co workers were not party to the case their assets were not in jeopardy so they were free to spend their money which in part they did by helping their very generous co worker/benefactor. Last I heard the business owner went bankrupt, lost everything they owned including their house. They ended up getting a divorce and he was working as a janitor somewhere. What I can't help but ask is what kind of horrible employer they must have been. I'm guessing that lottery winner would have included them had they been pleasant to work for.
This judge is clearly violating their civil rights. Every lawyer for the health care workers should contact that bar association and file to have him disbarred.
The Barr can’t do a thing until the final judgment is given. Judges are protected by draconian laws while sitting on their cases. The protection only goes away after the cases are closed or moved.
@David Caudill Steve brought that up, it is not slavery because they are not forced to work, they are just essentially stopped from working at the new location. Theoretically (have to see the actual order from the judge) they could apply elsewhere and keep working until this is settled. That doesn't make it right, but it is not the same level as slavery.
And screw two week's notice. "Oh, you didn't give us two weeks notice"...." I literally just saw you walk Ted out the other day, where was his two week's notice?"
@@jemjones5675 damn right! I left two jobs without two weeks notice just recently. I did so because I watched both of of them fire people when they put in their two weeks. Just bam, fired. Gone. Walked out on the spot. I no longer believe in two week notices because 1. They treat you different when they know you are leaving. 2. They sure as hell don't give you a two week notice when they fire you for whatever reason.
This might make sense on the surface, but then you have judges who can simply be forced to do things by people litigation them to death regardless it its warranted. The system is designed like this for a reason
@@mithicash1444 The system is highly corrupted and judges are allowed to legislate from the bench their political ideologies, opinions and whatever bribes they are accepting. This system is eviscerating the constitution, the very law of the land it was designed to protect in the first place. This is completely unacceptable and these tyrannical judges need to be prosecuted for treason.
@@willwaite1447 with power comes responsibility , if you can't be responsible you don't need to be anywhere near power. That's one of the main problems with this country.
"If we cant have you no one will" This is malicious and the courts have no right to step in and stop these employees from working. The hospital who filed the suit should be REQUIRED to pay the employees wages.
Reality is most businesses will straight up get rid of you if a cheaper solution pops up, which is the reason why company loyalty always baffles me. Get it if you work for a place that treats you good, theres people getting screwed over left and right, will still sit there and defend it.
Yep. Hiring someone doesn't mean you own them. You are simply purchasing their labor. They can choose to sell to someone else whenever they want. Anything less is servitude.
@@yeahyeahwowman8099 that used to be my place of work before they became a merger and went corporate. Me and the other 9 guys in the shop are getting jobs lined up so we can leave next month, it was a great place but after going Corp two years ago our manager has gone from someone that you can joke with to a guy that if you make a joke to he threatens to fire you. Can't wait to watch that place fall apart when we leave.
@@codyschmidt510 Remember knowing our department was gonna get laid off when upper management pulled one of the oldest tricks in the book back in 2010. Gone and basically were ignoring us, not really caring what we were up to, then one Friday I see a woman from human resources in our department, I just started laughing.
Last I heard the lawyers at Ascension have told the workers to just come in and start their new jobs as normal on Monday and they'll handle the legal fallout, essentially calling the judge's bluff. Also there's a gofundme for the workers to give them enough money to outlast the hospital, raised almost 50K last I checked on it.
Sounds like injunction is illegal to me. They have no contract, they can quit and once they've quit they can work for who they like. There's literally no legal basis for the suit, so how the judge can grant an injunction to prevent someone taking up employment at a place of their choosing is beyond me
Health trust "A" should be sued by the state for not ensuring that they have a minimum staff on long term contract to ensure the smooth and safe running of their hospitals. The judge should be sued and disbarred for gross negligence.
"Charges" should be filed against the judge immediately then the death penalty to keep other "judges" from doing favors for their lawyer friends like this.
I'm not sure what the basis of the suit is. If it's tortious interference, there may potentially a path to victory. As in the new medical facility interfered with the employment of these employees in a way that violates the law. At least in theory.
I’m a lawyer in Florida, which is also a “right to work” state where all employees are at will. This is an absurd ruling from the judge. In Florida, at a minimum, the hospital would’ve been required to post a bond in the amount of the worker’s salaries for an injunction - a temporary injunction is unconstitutional without one under the Florida state constitution. If I were the workers, I’d be countersuing for damages and arguing that the hospital violated their rights as at-will employees.
I'm late to this one (and understand that the TRO has been pulled), but I thought that part of the decision was based on the probability that the party making the application for the TRO would prevail in the actual lawsuit. Presumably, for that party to show that they could prevail they would have to have some legal argument, even if not completely developed, to present to the judge ruling on the TRO. Perhaps I missed it, but I don't remember hearing what that was. I'm not sure how their "concerns" about patient well-being made for a legal argument regarding at-will employment. Shouldn't the judge who issues the TRO have pressed them on this? Thoughts?
I truly believe this case is about bullying. The hospital doesn't want these employees back. They want to make an example out of them. They are sending a message to all the other employees that still work for them, that the hospital has the power to make their life hell if they dare to try and leave. Really the hospital is acting like a psycho boyfriend.
This is a more than terrible precedent. This kind of thing could be used all the time to sanction an employee when they leave. We can't have this and an example has to made of the company executing this action before it spreads!
@@syntaksoftwaredevelopment4438 Yeah, if a competitor is offering better work conditions and 50% pay raise, and you aren't willing to match it? Sounds like tuff luck and dumb management (because clearly the other guy has it figured out if they can afford that and you can't). Only thing would be NDA's and non-compete agreements, but that doesn't mean they can keep you at slave wages or refuse to promote you while cutting off all other sources of income.
This is why you NEVER tell your current employer where you are moving to if you are in an at-will state and do not have a contractual obligation, they are no need to know and it only hurts you by telling them.
They weren’t really “poached” for money - I can all but guarantee it’s the management of the previous employer that has created this situation. “People don’t quit bad Jo’s, they quit bad management “
@@paulghignon4092 Of course it is. This is a case of corporate arrogance. If these employees were that critical, why were they "at will" in the first place? Greed!
@@mervyngreene6687 that and their unwillingness to even negotiate their pay. You can't say they're critical for operation while simultaneously doing nothing to keep them there. It's a problem among most employers who actively believe they own their employees and have an active right to their time. I've had to remind my employer on several occasions that I'm there on my own terms, and if they don't hold to them my ass walks.
This is a perfect example of why judges should not be Immune from all lawsuits. The court clearly overstepped their bounds here. I would not be surprised if the Judge was somehow linked to Thedacare.
1st Hospital: "If you leave it will cost lives b/c we won't get your help at this hospital." Also 1st Hospital: "We aren't gonna let you work b/c you may save lives somewhere else." Me: "I don't think this has to do with saving lives."
This is the result of corporate oligarchy... They literally think they OWN their employees like slaves. And the judge apparently is ok with that. In America. 🤯
By the time this is resolved, the 2nd hospital will have already filled those positions and the at-will employees will be out of work. This is a Class Action lawsuit that needs to happen, and the old hospital AND the Judge needs to be sued for so much money they permanently learn their lessons. The money that Theta-Care is spending to fight this legal battle is FAR MORE than they would have paid to match the offer. That's how insane this is!
If you think those positions will all be filled quickly, you are mistaken. Everyone needs people and people are tired of working for low wages. There is a ton of competition right now.
Just because a harm can be identified does not mean any wrong has been committed. The judge has violated an innocent party's rights to make the other party whole.
Just like how police continue to bully or harass people even when they have been proven innocent, they just can't admit when they were wrong about someone and they continue dropping more resources with the hope that their efforts weren't wasted. It's like gambling except instead of a low chance to win, there's 0 chance to win.
Unless the courts decide it's time to set a new precedent, that workers are owned. Somehow it wouldn't surprise me if at least one corporate judge along the way sided with the employer making the suit.
@@gilliganallmighty3 won’t happen, his Republican supporters will protect him and their slave owners. Same area that supports Q’anon Ron even though he transferred jobs from that area to help his buddies in China.
Yes, they should. But honestly, I can think of a few supreme court judges who themselves would like to tinker with the 13th amendment and it feels as if we live in times where they could actually do it. Imagine if at-will employment only applied to the employer.
One of the saddest things in this country is that wealthy people and large businesses have been able to use the legal system as a way to bully others for profit. They always brag that At-Will means they can dump employees for any reason, now the shoe is on the other foot they cry for protection.
Disgusting‼️ This seems to be a way for that hospital to ‘punish’ ‘at-will employees’ that dare to want better: pay, work conditions, and time for families!! Over my hospital nursing career (which started in the early 1970s), this ‘high-handedness’ used by hospital management seems only to get worse each decade. 🤯🙄
It's funny how many of those kinds of tricks have backfired on employers in recent years. Couple of years ago it was SOP to include "Mediation" clauses in contracts and terms of service (still is but those clauses have been rewritten to prevent what follows), then a couple tens of thousands of "employees" (i'm pretty sure they were classified as gig or contract workers) all took up that mediation at the same time, suddenly companies wanted a class action b/c it would actually be cheaper
Given that they were at will employees, the court was WRONG to issue this injunction. At will is all anyone, including the court, needs to know. If an employer wants to secure their staff, they should have them under contract.
Yup, even trying to force someone under contract to stay is stupid. If someone wants to quit, their mindset is of someone who no longer cares about that job. Trying to force someone to stay will only cause them to collect a check and do as little as possible
@@cornfed123567 A contract is a n agreement, and once you sign it, your bound to it just like the other guy is. If these employees had been under contract, I would have sided with the employer. A deal is a deal.
Those organizations usually have legal reps on retainer so they don't pay as much in fees as you think. At least not more than they do anyway. That is why they are more than happy to start dumb litigation.
I was thinking that too. How can they have an at-will work LAW, yet at the same time the first hospital is allowed to prevent them from going to work at the second hospital, thus apparently implying that there is no such thing as an at-will work law??
The judge really has no authority to tell uncontracted worker where they can or can't work. This is yet another example of how broken the courts have become.
@@gbnq2513 The workers are impacted, yes. However, the legal battle is taking place between the two hospitals. The judge did not call the 7 people in the courtroom and legally ban them from anything. The difference is that if the employees show up to work at the new hospital, they will be in violation of NOTHING.... because they were not told they couldn't work. The only party that would be in violation is the new hospital.
@@RK-kn1ud True, but in the meantime, regardless of who the order is directed at, these people can't work at the new hospital. I would only hope the old place pays for this nonsense.
@@ElationProductions From what I've read online, the new hospital told them to come in on Monday anyway. That said, the OP that I replied to has a statement that is factually incorrect despite the end result being the same.
It always bugged me that you're expected to give a 2 week notice when you're about to quit, but a company doesn't have to give you notice when they are going to fire you. One of the reasons why I never bothered giving a 2 week notice when I quit a place because the company doesn't care if they hurt me by firing me, why should I care if the company is hurt by me quitting.
The only reason to give notice is to hopefully still get a good reference for your next job. If you don't need that, 2 weeks notice is only a detriment to yourself.
@@Sanquinity the notice lets you leave in good standing in case you ever want to come crawling back lol Some places deserve it. Some don't. If i leave my current job I want to give them notice they have been cool. Last job cut my hours, so I told them I was done working there the day before I went to work at a new job
They should also file a lawsuit for mental and emotional trauma, physical and emotional trauma for stress, anxiety and lack of sleep, punitive damages for violating first amendment civil rights and any other and all punitive damages as a result of this hospital’s actions and/or rhetoric….
If they're at will employees HOW does this judge have any control over where these people work? This is creating a dangerous precedent that in essence makes workers slaves.
biden democrat slave masters think the employees are their slaves.......no surprise from slave masters. maybe the slaves should do as biden's nazi brownshirts have done and burnt buildings to the ground as when being really being enslaved by democrat filth, the democrat filth needs to understand that such evil is not to be tolerated. sadly democrat slave masters like to DICTATE who can work according to vaccine status or provide "preference" by racist criteria set by racist democrat "quotas"
I'm no lawyer, but blocking at-will employees people from working at a new job seems equally unconstitutional. If a judge is bluffing, that certainly seems like official misconduct. I'd like to see EVERY employee to leave that medical group as a result of this and every citizen to boycott them.
I would immediately start a temporary labor service and hire all my ex coworkers and send them to the new hospital as Temps that work for me, not the hospital. Charge them 5% so that they can still get paid, still work, still provide for the community, leaving me stuck outside because I started the agency... (because the judge will likely hold me in contempt).
You're assuming that at-will employment laws were ever intended to be fair or equally applied to employers and employees. Huge assumption. No evidence exists to suggest this was ever intended.
If the employees have to return to work or be forced into poverty, that is pretty harmful to the individual just for trying to find a better job. THEDA could take years to find replacements. They should have thought about that in their long term short term analysis.
@@namor3607 at will employment laws were designed to prevent black workers from unionizing with white workers in Arkansas. So it was never intended to be in the employees favor.
Clearly this is ridiculous. I’m an RN and I’d sue. I would also bet money that if on the slim chance this case is successful, other hospitals will follow suit and hold all healthcare professionals hostage. It seems that would be the overall intent on a bigger scale to continue to pay shit pay and continue the abuse for patients and staff. Ps: it’s not the healthcare professionals responsibility to supply staff, it’s the facilities. The hospital is negligent entirely
when i have SEEN people i know leave and get other work because, one place was pushing mandates, the other was not, i can just see if this was an "at-will" state issue how they could have ended up blocked, the thing is... all of these people have worked the whole time, they have been exposed and are better protected then any "vaccine" will offer, according to every study thats come out... hell israels study showed 13x better from prior infection vs the "Vaccines" (immune modifiers to be more realistic about what they do/how they work..) i know a few were being shamed as "Anti-Vax" despite having all their other shots, just not ones that arent even fully approved, that they have seen some pretty nasty side effects from first hand treating the victims... after my reaction to the first 2 doses i refused to get more, my specialist actually agreed after i told him how much worse it made my health, and just as it was starting to get back to normal the 2nd dose..its been months and im still more inflamed then i have been in years... full body inflammation, that was under far far better control prior to the jab... i have always been more worried about the "Stupid Virus" as we started calling the rioting idiocy in portland, then i have been cv19... i have health issues, but they all stem from my immune system being on overdrive all the time, i rarely get ill, and when i do its not colds or flu's its.. food poisoning... as odd as that may sound... at 16 i quit getting the flu shot.. i have had the flu 1 time since, and im 43 as of last nov, and that time... it was like a bad cold... the rest of the family was down for over a week with the stomach flu... i was "ill" for 3 days, the 4th i woke up feeling better then i had in quite a while if a bit more easily fatigued, kept them taken care of till they were on the mend... even then... i just felt like i had a moderate cold at worst.. they were dying... with the number of times i have been exposed to cv19, im pretty sure, i already had the antibodies before i got the jab anyway... quite a few people i was in contact with over the year came down with cv19, if they would cover antibody testing via my insurance i have little doubt im protected by more then a jab... that i doubt did me any good at all...with how horrible it made me feel... oh the other hand.... i know a few people with serious health issues who genuinely needed to get the jab if only to wait for a mild varient like omicon that... funny enough they ALL GOT AROUND THANKSGIVING/XMAS... even the ones who were triple vaxxed and boosted to hell..infact they got sicker then the ones who had no jab at all... one of our friends was so scared by the media, she got 2 of each, M, P and J&J, she ended up in the hosp for a week, the only one who was vaxxed to that degree, the only one to endup in the ER and under ICU monitoring... (even the immunologist told her that was likely why she was hit so hard, these 'vaccines' can knock your immune system down and around, making you more susceptible to infection in general, im also told by my own immunologist that they dont like to give too many traditional vaccines too close togather anymore either, as they have realized it can have the opposite effect intended at times, with these new 'vaccines', we need long term controlled studies before we will know how safe they are long term and how best to use them. i genuinely believe they wouldnt have pushed nearly as hard with lockdowns and mandates if the democrats hadnt lost the power they are entitled to... because they did and they saw no easy way out or upside for themselves to backing down from what they insisted would save us during the last guys admin... oh...and lets not forget that they have come out in strong support of the #GreatReset where we will own nothing, rent everything and be happier then ever before in history...
I agree too, except that the damage is not restricted to healthcare. What stops an employer in another field from using the same tactic? The judge should be censured for this abusive decision.
This is truly disgusting behavior on ThedaCare’s part. They 1000% do not prioritize patient care they had their opportunity to try to retain their employees and failed to do so. I as a healthcare professional will never consider a position with them solely based upon their handling of this situation.
The same thing happened at an early education center I worked at. They paid nothing but required a ton of experience and advanced education, then started demanding a focus on bureaucracy instead of direct services. They could only get lead teachers who couldn't get an education job anywhere else, then they wondered why the school sucked and parents were unhappy. I moved to a different agency.
Yes. Why does a Judge have the power to prevent qualified at will applicants from working anywhere they want, anytime they want? This seems like judicial activism of the worst kind.
The fact that the judge would even entertain this bullsh1t let alone partially side with the hospital is beyond disgraceful. I hope all the people sue the hospital.
Yeah. Who does he think he is? Chief Justice Roberts? Making a mandatory insurance a tax. Legislating from the bench. But seriously folks. They have rules laws mandates and plans that state when THEY feel you are ready they can pull you out of school and put you in a job that will be your job for the rest of your life. Like Fry in Futurama being a delivery boy. Forever.
How does the judge have the “authority” to prevent a free person from freely changing employment? What would happen if they just went to their new employers and clocked in? Would it be a criminal offense?
@@eggpod4567 So if the TRO orders the employees to not work and make money and starve to death and become homeless in the endeffect, they have to follow through and die in a winter night under a bridge.
This is outrageous. Employers fight tooth and nail against unions or employment contracts and push right-to-work legislation wherever they can. The only recourse a worker has is to quit.....and the court takes that away?!?!?!
@@Mox3712 Considering the FACT that the Republican candidate in the last presidential election tried to seize power after losing the election (LITERALLY trying to become an unelected dictator), you have a lot of gall accusing others of being dictators.
@@AHeinermann I don't think you even know what fascism is. The Republicans are in no way in favor of Socialist Nationalism, they are in general wimps (cave to the first sign of democrat propaganda), or classically liberal (free enterprise and individual liberty). Democrats aren't even classically liberal (the only definition that should matter), they are progressives, which is the inspiration for the two dictators in Germany and Italy that founded the Fascist ideology.
One question for Hospital A: How much luck are you expecting to have hiring new workers now that it’s widely known that you’re willing to sue your former workers for quitting?
@@nodak81 Not necessarily, those type of union battles usually happen in low education factory jobs. Doctors tend to have more options and do more research into a potential employer.
The fact that the hospital filed suit is a core reason not to work there. If I googled an employer and saw they sued their employees, I would be moving on without applying.
This case is shocking to me and sets an extremely dangerous precedent. How in the world can a court intervene in a workers right to quit? It's the only one we ultimately have.
@@jtosety It also seems to me that hospital B has the same basis to sue that hospital A is claiming. After all, if they were expecting 7 new employees to start work today, doesn't that put their patients at risk? That's why none of this makes sense.
@@eliseintheattic9697 This is absolutely logical. Would it not also be the equivalent, if the workers sued the original hospital that refused to pay them more, on the same basis that the hospital was failing their duty to provide services?
@@darbywing2 no.. because if hospital A refused the match the salary being offered by hospital B - then the staff LEAVE and go work at hospital B. I hope hospital A are found to be in the wrong (which they absolutely are.. even essential workers cannot be FORCED to work somewhere they do not want to) and are forced to pay legal fees AND salary lost to the staff they will now lose.
I’m a RN and can tell you hospitals have been abusing the nursing staff for years, I worked 60+ a week for 5 years straight without a vacation, I had to quit to get time off, hospitals like to run tight shifts with no extra nurses as backup and not enough to do the job, you can’t even call in sick because there is no one to fill in. People have no idea how bad things are
I’d have to wonder if its due to an actual shortage of not enough people wanting to be nurses? Management refusing to hire more nurses, or a self fulfilling prophecy of sorts. Someone gets into nursing, but because of a shortage, and bad treatment, leaves that field. Maybe a mix of all 3? I’m not sure.
@@XFizzlepop-Berrytwist they refuse to hire any extra coverage in nurses because it affects their bottom line in “for profit” medicine and THEIR BONUSES. And there is the real crux of the matter.
God this case boils my blood. If i had a former employer try to slap me with a restraining order to stop me working for someone else, i'd catch a homicide charge the next day for sure.
I'd stand outside on the sidewalk with a bunch of signs explaining the entire situation, the entire time of the suit. Then when it's said and done I'd sue the employer for loss of wages. , damages, and mental damages as well.
The fact that it's gone this far and the judge has actually given them the injunction should be seen as a sign that the judge is either being bribed or has some kind of personal connection with someone running the hospital. There's no legal reason, there's no law in play, the judge is basically legislating by bullying.
Where I live, the County Commission (CC) head appoints members of the hospital board. The CC head is also a partner of a law firm that handles legal affairs for the hospital. Any one see a conflict of interest? Welcome to South GA politics...
Imagine that, corporations have zero problems laying off half their staff, even during the holidays. Then when employees leave en mass on their own, that's somehow unacceptable to them. I hope they get absolutely wrecked in court & these folks countersue for lost wages.
@Chris G Loyality checks - so in their reasoning was they were paying a bonus so you were obligated to stay 50 future weeks. Were they also promising to not release you for the next 50 weeks as a show of loyality?
@Chris G to protect you from this bu!!$h!t! I am in the same boat as you! I prefer no contract because my skill set is in high demand and I’m good at it! I’d rather be able to leave at a moment’s notice if I felt it was no longer in my best interest. But my point remains. An employer can force me to accept a contract to continue employment.
As a nurse that retired from nursing after 47 years in the profession let this be a warning to young people. Think about this before going into healthcare. They consider you theirs. They think they own you. It hasn't gotten better in all these years
Yup, ever since the U.S. got rid of official slavery, the rich have been trying to find some loophole to bring it back. Every time we plug one hole, they just go and find another.
26 yrs a nurse. 9 months from "securing" my full pension (rule of 80) at my current job. I'm going to travel and job hop like a fiend until I finally retire. The minute you leave the clinical/bedside aspect of health care it becomes "Big Business" and health care systems are as bad if not worse in how they treat employees. They've got you bent over a barrel and will never let you forget it.
Amen. A nurse that worked at Ascension hospital. Fired nurses for not respecting medical exemptions, now this. I have been a nurse for a long time, would not go into nursing if to do over again
So who was the idiot judge that allowed the clearly unjustifiable, and therefore illegal injuction to block people from working? What penalties have they faced?
No, he hasn't. It's a very temporary injunction for status quo to remain until he can hear final arguments. Completely standard procedure at this point.
@@markdoldon8852 Why don't you give us a citation on which law, State or Federal, which allows any judge to take an action such as this, against individuals he does not have jurisdiction over? There are no legal grounds for such an order, even an temp. order, and I am honestly amazed none of the workers have not already kicked this entire case up to the federal court level - this judge is wrong, plain and simple.
I live in Appleton WI where this is happening. The two locations are about a 20-25 minute drive apart, without lights and sirens. None of the employees "expertise" is being lost to the community. This is just petty retribution. Looks like I know what local hospital I'm not going to be using
The fact that there is no contract on this means that this case should NEVER happened. Since it did, the fact the Judge ruled this way PROVES our legal system is hopelessly corrupt and beyond repair.
Yes. Judges are supposed to be impartial, ruling according to laws/statutes, but these days they’re simply political tools & have zero ability to abstain in ruling illegally to simply forward their politics. Tar/feather these pricks.
Actually there was precedence. The 1st hospital claimed the 2nd hospital recruited the workers. Considering they were all on the same team and the 1st hospital was a level 2 critical care, the loss of the team would be detrimental. The 2 hospitals are competitors. Recruiting a team that could hurt the 1st hospital could be corporate espionage. Corportate espionage is illegal. Once it was proven the 2nd hospital didn’t actually recruit, the employees chose to leave, the injunction was lifted.
@Jax ok, name the precedent. The only cases that I am aware of invoke non-compete agreements. Also, recruiting is not corporate espionage unless there is proprietary information involved. Are you saying that the processes and procedures of hospital 1 were proprietary? I have been recruited and recruited other before, and your point makes no sense without a contract.
@@benstepanek2808 Everyone has been recruited. There is a difference between a company recruiting you and a company recruiting you AND everyone else in your department at one time leaving your current employer unable to function. A precedent would be EMC (the data storage company Dell bought in 2016) and PTC. PTC kept kept recruiting from the same department within EMC’s channel ops. PTC hired 12 employees from that department within the course of 4 months. There was an injunction put in place that PTC could no longer directly recruit from that department. It didn’t stop them from hiring EMC employees, just directly recruiting from that department. After the ruling, PTC even sent out an internal memo to employees to not even interview EMC employees for a while. By hiring an entire team from a competitor you would be able to learn how they function and do everything that they do from every angle and that is proprietary information.
@Jax Dell also made the lawsuit about intellectual property, the same way they went after Pure. It doesn't translate to a hospital setting, unless maybe a research hospital. No intellectual property changes between the two orgs
No contract, no case! The hospital's argument is in essence, "we suck so much at our job that people might die if you don't force these competent people to work here."
If a bunch of employees are quitting a place at once to go work at a different place, there's something wrong with the place they've been working. No wonder these people are suing, they're a trainwreck of a business clearly. I think the real question is how the judge was able to legally prevent them from taking their new jobs considering the situation.
1. Why can't the sidelined workers sue the old employer for interfering in their private contract/marraige and for their monetary and beneficial losses during this time? 2. How does the court assume jurisdiction over "NON EMPLOYEES"?
Litigation sounds like a great plan. BUT its expensive and takes a LONG time. I learned that life lesson a few years back. Even if you are right, its not worth the headache. I have meet a few decent CEO's in healthcare. Others are just complete psychopaths.
The damages were immediate when the judge tainted these employees within a free market. Sue the judge, the state, both hospitals the administrators and every lawyer that touched this case for those hospitals. Every day it takes add 1500 per employee for continued damages against every defendant. Something tells me it would settle out quickly.
The reason they can't work at the new place is the fault of this judge and no one else. Also whoever thought this injunction was a good idea deserves a little involuntary servitude.
Its the fault of the old employer as well. They should have more respect for their employees than to act like this but then This is capitalism at work I suppose.
@@Isador911 Not at all. This is slimy of the old employer but they can rant and rave all they want, the only binding decision here is that of the judge, and it's tenuous whether he even has the authority to grant this request from the salty employer.
@@ajobdunwell2585 I'd love to know what kind of insane BS that judge is on. He has no authority to tell someone they can't work at a place they are hired.
@@Isador911 How is being told u cant work for who you want free market capitalism. Ill be waiting for that explanation, because it doesn't sound like it to me. Don't tell me the problem is X, when X is not even being done. A judge telling you who you can work with, is not free market capitalism.
@@cult_of_odin I'm curious who's representing the employees. Is their future employer springing for representation or are they going to have to come out of pocket? I found a couple versions of the story, but none mention their counsel.
No... what I'm upset about is that a judge can tell a person they can't work at their new job because their old job is throwing a big fat hissy fit. That is unreal! The employee's don't have a contract with the hospital!
I never imagined an employer could take you to court to keep you from quitting your job to seek better pay/benefits/hours or for whatever reason you wish when you don't have an employment contract. This judge just proved that we've entered a parallel dimension inhabited by clowns.
Did you not watch this video? That is not the issue. It’s the hospital saying the other hospital poached their workforce and that’s what they’re blocking. If each employee just quit one at a time over a period of a month there would be no lawsuits. It’s the mass quitting/hiring that is the issue
@@valuedhumanoid6574 Even so, if there's no contract with a non-compete clause, then no employer should be able to restrain (former) employees from seeking a better offer. The argument for right-to-work is that it allows both employer and employee to remain competitive and seek offers that work best for them.
@@valuedhumanoid6574 as Steve pointed out, more than once, the staff approached the hospital, not the other way around. Plus, the staff gave the administration plenty of notice, and a chance to match the offer. They chose to be cheapskate penny pinching pieces of $h!+. If anyone didn't watch the video, it was you.
@@valuedhumanoid6574 The suing hospital does NOT have a contract with either the nurses/technicians or the other hospital. There is no basis upon which they could have sued in this case. The whole thing is illegal.
I’m not an attorney but when I am notified of this on Monday morning at the hearing I’m serving the hospital a lawsuit for tortious interference of a contract and asking for damages plus punitive damages in a completely unrelated lawsuit and I’m asking 3 other employees to sign on to make it a class action….they like lawyer fees let’s just make it really expensive
Because all the judge has done is order the parties to come back on the next business day with arguments to support their cases. This isnt a ruling, it's just a judge saying " I am scheduling a full hearing Monday. Until then, everything will remain as is." It's a three day delay, a single business day. If he somehow extends the TRO beyond that, it becomes a larger issue. But that's extremely unlikely unless there is some other factor with which we are unacquainted. In the meantime I have heard tales that members of the local legal community are lined up willing to take the case.
I'm an RN in Wisconsin, just jumped ship on one nursing home to another. It terrifies me that I could possibly be held hostage in a job that has treated me poorly because of "Healthcare" (job one offered me more money and the shift I wanted after 3 YEARS of telling me that I had no hope of getting more money or that shift. I declined.) We were "heros" last year, now we are reviled property.
yeah, honestly, this feels very...communistic in some creepy ways... "you cant change jobs, you are needed in the job you already have, its for the good of the community" kinda shit.... when my friends grandad started bitching about the reds again, it took a few years for us to see it.. now its like "omg... he wasnt wrong... and hes not senile... just excentric" (the last part. is so true... we got to meet a few of his old friends... ones daughter said hes always been like that since she was a little kid, he was no more senile then she was... and... if shes senile...well...then the person who use to be president of a local community credit union was senile... she only retired from that because her friends daughter wanted to run and, she felt the girl would be a perfect fit for the job... they worked out a 4 year internship deal so the girl could fully learn the job that the girl had them extend to 6 years when she realized there were a few things she still needed to learn and that were coming up during the 1.5 years following the planned retirement... anyway... i dated one of her grandaughters for a while... still good friends with her and the family in general... shes far too type-a for me... she would get 3hrs sleep a night then get board and want you to do stuff with her... like go for a walk when it was still dark out and shit.... "i only go out this early when fishing is involved" ...fishing would drive her crazy if it wasnt constant bites... patients wasnt her strongsuit... shes ALOT better these days... after blowing out her knee hiking and having to have 6 total surgeries including a full knee replacement ... she learned to slow down a bit... thankfully they didnt give her a plastic knee like they do older people... she would ware that out just walking the stairs to her kitchen/basement office....quickly..(she keeps her drinks upstairs so she has to go up and down to get a drink if she dosnt just have water, forced exorcise... i took a tip out of her book and started keeping my drinks in the main fridge so i move more despite computing alot.. ;) )
aww, that's cute you really think they viewed you as heros..........they just buttered up to you so you'd show up to work :) You're only heroes to the people you help not to the people you work for.
@@AshenTechDotCom Sounds communist? Are you not paying attention it's clearly only being held up due to capitalism but sure.. This dude is trying to say the for-profit health care system sounds like communism. Because the capitalist backed court system made a decision based on capitalism. Try to twist this so you can somehow blame the commies. SMH.
The amount of money spent on lawyers could've been spent as incentives as well as full time status for employees to stay! What the hospital and judge did was despicable to say the least!
Unless the lawyer work was within their retainer amount. But true, they could have had experienced happy employees equipped with institutional knowledge.
@@MaryDunford It's the entire industry. That's what happens when you treat healthcare as a profit engine rather than a service like police or firemen. We are the last advanced nation to not offer free healthcare to it's citizens.
The employee who started it first went to Theda Care and asked them to match the wages at Accension but Theda Care refused. Then more than the original left. The hospitals here in Appleton are horrible to their employees.
Also: “What have [they] gained by filing a TRO?” A reputation as the employer that you should never work for because they will sue to keep you from taking another job if you quit.
I was thinking the same thing. I work in an industry that has turnover, alot of companies that are good, fair, and poor to work for. It gets around. No one will wanna work for hospital A because they now know that the workers are not valued, but looked at with contempt.
I really feel like this is down to hospital A's poor planning. They thought they would protect their assets by having "At Will" employees rather than offer them the security of a contract. Sadly, they denied themselves the security of that contract, your gamble didn't pay off, take your lumps, live and learn. Telling someone they can't take a new job offer seems downright unconstitutional.
This hospital administrator must be one of those people who go out of their way to piss off their waiter before their food arrives, oblivious to what will likely happen to their food.
@@mathewspiekerThe cases I know about for certain involved high school age staff decades ago and what was done might now get them charged with terrorism with a biological agent. I know plenty of adults with a similar level of maturity, though, so I expect it does still happen even with adult staff at least occasionally.
Ozzie- America has just got completely out of hand . Courts should completely stay out of individuals liberty to live their own lives and not interfer in competition in the economy. America became a successful nation based on capitalism and free market systems that self correct by supply and demand. Beaurocrates (Judges)interfering will sink the nation.
It’s important to remember, you are only “at will” employees as long as that means you can be fired at anytime. As soon as it means that you can leave at anytime and hurt your employers bottom line, than they miraculously say that the definition of “at will” is murky. Our country on the whole needs to return to the mentality of putting workers rights first!
Love this but you left out the word individual for worker's rights. We have to understand that it is the individual that is granted rights by our Creator. Our constitution is the law that means exactly this. Read our Constitution and take note. Government has NO AUTHORITY to limit our individual rights. As a society, we accept local laws to make us safe from stupid or vicious acts. We are fine with smart traffic rules but we do not accept stupid rules like dressing up like judges before we drive. A balance is struck between the needs of the many & the needs of the one individual.
Companies just need to stand up and setup up contracts with their employees, and employees should ask for them; it instantly resolves this type of dispute. I'm from the UK where we always have a contract with an emmployer, and having also worked in the US for a few years it felt wrong and bizarre to have no contract with the people I worked for, and knowing I could effectively just decide to stop going to work - that helps neither of us, while a notice period helps us both. Any company should be more than happy with a contract including a notice period, since they should expect to grow as a business, so they should hope to gain staff, not fire staff; they should hope to hire the right staff too. In a successful business the number of staff leaving on their own accord should be far greater than the number you decide to 'let go'.
Giving a company 2 weeks is a waste of time. In two weeks that job will be filled before you put in 1st of the two weeks. The you need to find another job. Besides they will gladly mail your personal contents of your desk and simultaneously let know you have been fired over the phone. I look at it as firing a company. In right to work states the company will fire you to hire a lower paid worker. As for medical personnel there are temporary medical personnel companies. My brother ran one of those in Gross Pointe, MI. He even filled some of those positions when he could not find a nurse or doctor. But suing for that? You had to pay someone for that. Slavery is illegal.
@@warrenpuckett4203 Two weeks notice when you're at-will always confused me, at least when people feel obliged. If you work somewhere good, with a good team of people, fine. But otherwise just go. If they make a fuss then point out they chose to use at-will, instead of having a contract.
@@hearnia2k I think its more courteous thing, but legally they can't force you to work or give them 2 weeks. If they did, they're just paying you to take small leaks in the bosses room marking your territory and sprinkling shavings of your $hit in their brownie.
You cannot sue Judge even for an invalid ruling. That a judge makes an improper ruling does not make them evil, corrupt, or criminal. The judge makes a ruling. The parties involved have the opportunity to challenge the ruling in higher courts. In this particular case, it is a TEMPORARY injunction, pending a full hearing Monday. In a case like this, the judge is enjoined to seek the LEAST damaging outcome. With just a weekend between the temporary and final hearing, the judge is taking the position that the plaintiffs moving to a new employer (with all that implies) is greater harm than the nurses missing a shift or two. In the meantime, he has recommended that they work out a better solution. Odds are, unless new information comes forward by Monday, they plaintiffs will win. If so, it can be argued that no harm has been suffered. In the end, this will be forgotten in a week. The current hospital will lose all the nurses involved (the working environment is quite likely permanently broken just by virtue of the àttempt), and quite likely has soured the overall working environment, resulting in even MORE employees leaving (today or some time down the road). It wouldn't be surprising to see a lot of other employees flock to the new employer, should they be interested in making an offer. Bad judgment by the hospital all around. Repairing a working environment this badly ruptured is extremely difficult, often impossible.
The problem is you can’t sue the judge. At most they can push to have him removed from the bench. However they can sue the hospital and they should do it publicly that no one in their right mind would ever take a job with them without an ironclad contract.
Update: The TRO was dismissed on Monday and the workers allowed to start working. ThedaCare stated that they will compensate the employees for the missed day of work.
@@fefnireindraer144 The problem with health care and in particular hospitals is that you can't simply boycott them. People don't shop around when they need to go to a hospital as each hospital will usually have somewhat of a monopoly on services in the area and there is often no choice.
The fact they want them unemployed ... and not able to work with no benefit to the hospital is pure malice. They should file their own lawsuit (possibly class action) against the hospital and take steps against the judge as well for ethics violations because of allowing it