Judge overturns ThedaCare's restraining order against Ascension

[ripcord]

Source: NBC26

On Jan. 21, Judge Mark McGinnis put a temporary restraining order in place based on the lawsuit filed the day before on behalf of ThedaCare, which alleged that Ascension intentionally recruited and "poach[ed]" 64% of their IRC team, knowing that ThedaCare would be unable to provide patient care without that many staff members. This sudden loss of staff put Neenah Medical Center's Level II trauma center designation at risk. Neenah Medical Center is the only Level II trauma center in the Fox Valley.

As a result, ThedaCare requested to cease the hirings or have Ascension provide one radiology technician and nurse available daily for 90 days until ThedaCare was able to hire replacement staff.

On Jan. 24, Ascension filed a brief in response that blamed ThedaCare's "poor management" on the staff exodus, who lawyers claim were not intentionally recruited by ThedaCare but as at-will employees, applied to open job listings with competitive wages on their own. Reportedly, ThedaCare failed to provide counteroffers to the employees that resigned.

At the hearing on Monday, the court found that ThedaCare failed to meet their burden of proof, removing the request for an injunction as well as denying their request for relief. While litigation continues, the seven employees are able to start their jobs at St. Elizabeth's Hospi

Read more: https://www.nbc26.com/news/local-news/judge-overturns-thedacares-restraining-order-against-ascension

[TomSlick]

1. That's what "employment at will" means.

Employers can terminate for any reason that is not itself illegal, e.g. firing for filing a workers compensation claim, filing a harassment complaint, etc. At the same time, employees can leave if they get a better offer elsewhere or just because they don't like the job. Under the basic idea of employment at will, I see no reason that it matters if the new employer "poached" the employees.

Employment at will is a conservative idea but, under the right circumstances, it can also bite businesses. Goose, meet gander.

[groundloop]

2. Damn, it sounds like they're asking for a return to indentured servitude

Companies need to realize that people don't want to work for peanuts and people don't want to work in a toxic environment.

[area51]

3. +1 n/t

[ripcord]

4. The judge couldn't compell the to return to work

So what they were really doing is trying to get an injunction to keep them from working at the other hospital to break the employees and get hem to come back out of necessity.

[Tommymac]

5. This behavior is why Unions are an essential part of a healthy safe sane & moral economy.

Unions fought and defeated these practices wayyyyyy long ago.

Now the Corporations are trying to once again implement indentured servitude by putting lipstick on the pig.