COMMUNISM WI- Employees banned from taking other job by court order. Court Order Reversed Post #62.

Henry Bowman

Veteran Member
The people in the company AND those in the court must have homes and family's .

If they do not feel secure in going there or leaving their family open to possible trouble , you will see this change in almost and instant.

You cannot fight Communism by playing nice.
 

TruthQuest

Life Student
This dispute is between two hospitals, and not the the employees of either. The employees may have a suit of their own for tortious interference. The employees have a right to contract for employment (like all of us) where ever they wish. This appears to be interference from their original employer to stop the their new employer from being able to contract with them. Are corporate rights being placed above individual rights?
 

Griz3752

Retired, practising Curmudgeon
They should get their lawyer's advice of course, but just deciding to "stay home" or even "call in sick" would be my way of dealing with this - or as others have said, just move out of State if that was possible.

This is slavery, and it is a very scary court ruling.
Bear in mind I am not now nor never have been a lawyer in any jurisdiction.
The only possible way I can conceive of this being remotely legal is if the people leaving are contractually obligated and leaving breaks the contract; otherwise this sounds very much like having Leg Irons and linked collars installed.

I know there are many professionals who practice in their fields using LLCs or similar as a vehicle to manage taxes, hours of work, billing & accounting etc. but w/o such a corp-to-corp component here, I can't see this standing.

At least I hope not.
 
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mbabulldog

Inactive
maybe this has been discussed, so my apologies up front, but is the former employer simply enforcing a non-compete or NDA? If so, then the employee's would be expected to honor the agreement they signed as a term of their employment.

If there was no non-compete or NDA, I don't see how a Court can stop anyone from coming/going as an employee. Basically it would be indentured servitude.
 

Dobbin

Faithful Steed
Are corporate rights being placed above individual rights?
Yes.

Done on an "emergency situation basis."

Same thing which makes public employees "work" since their potential job action gets in the way of pubic safety. The right of the public supersedes the right of employee action.

Fire Departments, Police, Transit Workers, even Teachers are "enjoined" all the time - their employment is considered "essential" to the proper operation of society. Well, except for places like Washington DC, Seattle, Portland OR, Denver, Austin TX, NYC, where "essentiality" is more a function of "political agenda" than any actual human need.

In this case where there are obviou$ "out$" for a private employer, the $tretch of credulity is a bit much.

There is no guarantee of profit in a "for profit" line of work.

Dobbin
 

summerthyme

Administrator
_______________
That is not a move they want to make. Nationalizing healthcare also means they have to assume all liabilities. Not something they are going to pursue once GAO passes out the costs sheets on the idea...
You're kidding, right? WHAT liabilities? You simply won't be allowed to sue... just as they do with experimental vaccines...

Summerthyme
 

dberszerker

Veteran Member
Please tell me more. PM if needed


We have been fighting the vax bs for years, also for other religious rights, this prior to the fiasco we are experiencing now. 2019 the pushy bastards wouldn't back down for some strange reason ( almost as if they knew something was coming) so we decided a change of scenery would be nice, a new job too. Nice secluded area, minus a few basic annoying factors, and one of my favorite places to work since beggining this shit show. The hospital was in like a Mayberry, mixed with St Elmos Fire type of atmosphere, great place to retire from, was going to float to any floor we desired. These folks needed staff with our chosen speciality, and treated staff with respect based on this fact. They were considerate of our beliefs etc...perfect. Then the b.s. came to town, my supervisor ( bless her) came to me one day, and said " dberszerker, there's going to be a Pandemic!???" Then she said " That's strange, but here's more, we're not getting any PPE for it!???" I looked at the confused expression on her face, and knew this bs wasn't going to make for a happy ending afterall. I met with Mrs dberszerker for lunch at the quaint little cafe as usual
( really nice being able to work and have lunch with the wife, real dream job). Mrs d then began to tell me about her Supervisor saying virtually the same things. Days after this, while we were off duty, every single mask, and all gloves disappeared off of all floors. This was it for me, after paying attention to all of these warning signs, and understanding full well what was coming next, we left that nice place, and made a lateral or two. I am not stuck anywhere, with anyone, and never will be. What I have, I've worked hard for, be it Wisdom, Skills, or material b.s.. My family base is solid, decent loving folks, and we stick together like glue in the face of all outside influence, and this stupidity will pass. The coming war, financial meltdown, chaos will be a challenge, but I always have irons in the fire, if they want to force employment based on a threat to our licenses? We (Momma, and I) do not care one dam bit, and they ( whoever They may be) can piss up a nice long rope.
 

Dobbin

Faithful Steed
Unless I had signed some sort of contract......I'd BE GONE SOOOO FAST heads would spin!! Screw that judge....I'm a FREE MAN!!
And even contracts can be superceded by "Force Majeure."


  • Force majeure is a clause that is included in contracts to remove liability for natural and unavoidable catastrophes. It also encompasses human actions, such as armed conflict.
  • Questions about what is and is not "foreseeable" in a legal sense have been raised given the increased awareness of pandemics, asteroids, super-volcanoes, cyber threats, and nuclear warfare.
  • French law applies three tests for whether a force majeure defense is applicable— the event must be unforeseeable, external, and irresistible.
I have highlighted the segment which would apply in this case.

If you can't make enough money under the previous contract to survive due to external factors of inflation, increased expense out of your control, or "blue city effects" of non-enforcement of rule of law (like laws protecting free trade) then you get a pass-Go, and the contract is considered null and void.

Owner has told of a situation in his former Contract Engineering work where a bidder for work bid low - EXTREMELY LOW - in order to get the job. Full discussion with the bidder "you know your bid is too low and we don't think you can do it for this." Contractor was FIRM in his price and his estimation of his abilities. Contract signed - and of course not met. A lawsuit against the contractor FAILED when Contractor claimed Force Majeure. "Gee the job was a lot more expensive than I predicted." (Duh!) He was warned ahead by the Utility - and the Utility STILL lost.

"Well, you signed the contract too - and you knew." Was the Judge's "pass."

Dobbin
 

Jeep

Veteran Member
Interventional Radiology is what I used to do before I retired. I still get headhunters calling me up asking if I want a travel job. At 72 my answer is no, plus I let my license expire last year since I am never going to work in that field again. As far as the Tech's leaving for a new job, I don't see how a judge can stop that unless of some contract the employee's signed which I doubt since I never ever had to sign a contract for a job.
 

ShadowMan

Designated Grumpy Old Fart
Here's my 2 cents.......IF...........7 out of 11 employees suddenly leave a job to go elsewhere ALL AT THE SAME TIME, either the job atmosphere totally sucks where they were at or the pay was incredibly better where they are going. I suspect the former. Perhaps the supervisor/boss needs the boot and the workers pay increased, but something is not kosher there for sure.

As far as that judge goes.....he can go pound sand. You can't force a person to work a job if they don't want to and you can't force a person to stay where they don't want to be. Serfdom and slavery are absolutely outlawed in this country. It's called FREEDOM and FREE CHOICE. Doesn't matter what that hospital wants or needs.
 

Henry Bowman

Veteran Member
Here's my 2 cents.......IF...........7 out of 11 employees suddenly leave a job to go elsewhere ALL AT THE SAME TIME, either the job atmosphere totally sucks where they were at or the pay was incredibly better where they are going. I suspect the former. Perhaps the supervisor/boss needs the boot and the workers pay increased, but something is not kosher there for sure.

As far as that judge goes.....he can go pound sand. You can't force a person to work a job if they don't want to and you can't force a person to stay where they don't want to be. Serfdom and slavery are absolutely outlawed in this country. It's called FREEDOM and FREE CHOICE. Doesn't matter what that hospital wants or needs.
And yet the Judge went along with the employer and they will stay there.

When they fear no reprisals THIS is what happens.

What we allow will continue. In this case it is slavery.
 

privatemom

Veteran Member
All you have to know is that it is ThedaCare. Believe me. Plus, this is Wisconsin where all things dirty, underhanded, illegal, etc. are allowed to happen. We are still at the gentle stage of the meltdown that Milwaukee, Chicago, etc. have. They all just moved to this state in the last few decades and are ruining it like they did there.
 

pauldingbabe

The Great Cat
I wonder if ThedaCare fired the unvaxxed?

Perhaps the vaxx mandate is one reason they are short staffed to begin with?
 

Red Baron

Paleo-Conservative
_______________
Somewhat on topic.

Frau Baron and I honeymooned in Eagle River, Vilas County, far northern Wisconsin back in the 70's.

A tiny little cabin on Eagle Lake. It was essentially a bedroom, a very small kitchen, and a tiny shower/toilet hanging off of the back of the shack. The weekly rental was a whopping $125.00 USD.

We loved it. We returned to Eagle River many times.

Later we considered buying some retirement property "Up North".

Research revealed brutal taxes and building costs there. Then we had a Fourth of July week that dipped multiple times into the 50's during the day. We couldn't imagine how brutal winter Up North would be.

Talking to locals it was revealed that health care was very spotty up north and involved long drives to Appleton or Green Bay. Couldn't see driving two hours for specialized health or trauma care.

After all of these years, health care still appears to be an issue in Northern Wisconsin.

So much so, that hospitals are fighting overt qualified employees.
 
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moldy

Veteran Member
And yet the Judge went along with the employer and they will stay there.

When they fear no reprisals THIS is what happens.

What we allow will continue. In this case it is slavery.
....well, I doubt they will stay there. Maybe long enough to file a hefty lawsuit.
 

Old Gray Mare

TB Fanatic
Update: Temporary injunction was dissolved by judge.

First hospital refused to match the salary offer of the second hospital. According to the lawyer in the vdieo slavery and indentured servantry is illegal in the US.
Fair use.
UPDATE: Judge Lifts Hospital TRO!
Jan 24, 2022
Steve Lehto

The at-will workers get to choose who they work for. As it should be.
Link to source:
View: https://www.youtube.com/watch?v=qdP97A3Q16I
run time 13:25
 

Knoxville's Joker

Has No Life - Lives on TB
The injunction needs to be lifted and that hospital pulling that stunt needs to have some serious investigations into the work environment.
 
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