{"id":1239154,"date":"2022-01-25T13:40:00","date_gmt":"2022-01-25T18:40:00","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1239154"},"modified":"2022-01-25T13:40:09","modified_gmt":"2022-01-25T18:40:09","slug":"court-rules-health-care-workers-cant-switch-jobs-without-accommodations-for-previous-employer-overturns-a-week-later","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/court-rules-health-care-workers-cant-switch-jobs-without-accommodations-for-previous-employer-overturns-a-week-later\/","title":{"rendered":"Court Rules Health Care Workers Can\u2019t Switch Jobs Without Accommodations For Previous Employer; Overturns A Week Later"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">34<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fcourt-rules-health-care-workers-cant-switch-jobs-without-accommodations-for-previous-employer-overturns-a-week-later%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1239154&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>In an odd and worrying decision, a judge in Wisconsin ruled that seven workers who were recently hired away from one company could not start working for their new company unless their previous employer received some accommodations from them. The ruling was rescinded a week later after a hearing, but the original ruling still needs to be reported to ensure this doesn\u2019t happen again.<\/p>\n<p>Reason <a href=\"https:\/\/reason.com\/2022\/01\/24\/court-bars-health-care-workers-from-switching-jobs\/\">reported<\/a> on the original ruling, which stemmed from a case out of Wisconsin, where seven health care workers at ThedaCare left their jobs to accept opportunities as rival health care company Ascension. Those seven employees made up the majority of ThedaCare\u2019s 11-person team, so ThedaCare attempted to stop the former employees from legally taking a new job, something millions of Americans do every year. As Reason noted, the employees had no contractual obligation to stay at ThedaCare.<\/p>\n<p>Last week, Outagamie County Circuit Court Judge Mark McGinnis ruled in favor of ThedaCare, providing a temporary restraining order that demanded Ascension \u2013 the new employer \u2013 \u201cMake 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\u2026Cease the hiring of the individuals referenced until ThedaCare has hired adequate staff to replace the departing IRC team members.\u201d<\/p>\n<p>Reason reported that \u201cAscension did no active poaching of the employees; one freely applied, preferred the offer, and word spread among the others. It\u2019s a choice they should of course be free to make.\u201d<\/p>\n<p>ThedaCare\u2019s argument was that because it is the only Level II trauma and comprehensive stroke care center in the area, losing that amount of staff and the ability to provide 24\/7 on call services would risk its accreditation and residents\u2019 health.<\/p>\n<p>Lynn Detterman, a senior vice president at ThedaCare, <a href=\"https:\/\/www.wbay.com\/2022\/01\/20\/thedacare-seeks-court-order-against-ascension-wisconsin-worker-dispute\/\">told<\/a> local outlet WBAY \u201cit just really in the spirit of our community is harmed by this potentially so we just want to work collectively to ensure that does not happen.\u201d As Reason noted, Detterman was referring to the prevention of \u201cAmerican citizens from taking another job they prefer more.\u201d<\/p>\n<p>Ascension released its own statement on the matter: \u201cWorkforce shortages are one of the many stresses healthcare systems have faced during this pandemic. \u2026 Contrary to the allegations in the ThedaCare lawsuit, Ascension Wisconsin did not initiate the recruitment of the ThedaCare employees. Rather, the employees applied for open job postings. \u2026 It is Ascension Wisconsin\u2019s understanding that ThedaCare had an opportunity but declined to make competitive counter offers to retain its former employees.\u201d<\/p>\n<p>As Reason reported, Judge McGinnis provided no legal reasoning or precedent for his original ruling that required at least two of the employees who left ThedaCare to continue working for their former employer for the foreseeable future.<\/p>\n<p>On Monday, McGinnis rescinded that order, <a href=\"https:\/\/www.wbay.com\/2022\/01\/24\/employees-expected-testify-hearing-dispute-between-thedacare-ascension\/\">saying<\/a>, \u201cBased up on the testimony, the exhibits that have come in that ThedaCare has not satisfied its burden that it will likely suffer irreputable harm without an injunction.\u201d<\/p>\n<p><em>The Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a&nbsp;<\/em><a href=\"https:\/\/www.dailywire.com\/subscribe\"><em>member<\/em><\/a><em>.&nbsp;<\/p>\n<p><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>In an odd and worrying decision, a judge in Wisconsin ruled that seven workers who were recently hired away from one company could not start working for their new company unless their previous employer received some accommodations from them. The ruling was rescinded a week later after a hearing, but the original ruling still needs &#8230;<\/p>\n","protected":false},"author":1,"featured_media":2315279,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-1239154","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1239154","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1239154"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1239154\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2315279"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=1239154"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1239154"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1239154"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}