Author Topic: Forms for employees  (Read 2828 times)

billingandscanning

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Forms for employees
« on: August 31, 2011, 10:03:40 AM »
I was wondering if anyone has a can help me. I am looking for a form that I can have employees sign, that would prevent them from signing a client for their own company or benefit. I don't want people that I hire to be able to go to my clients. I am not saying that my employees would do it, but I would like to have something in place to prevent that from happening. Can anyone please help me? You can email me any forms that you might have to bhaskell1974@gmail.com. Thank you!

Michele

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Re: Forms for employees
« Reply #1 on: August 31, 2011, 07:36:19 PM »
I don't have one you can view but they are fairly simple to write.  We have one that we have our employees sign.  It's a non-compete clause basically.  Unfortunately they are not always enforceable.  However, for me it's a matter of if they are willing to sign it because if they aren't - that speaks volumes.

Anyway, ours basically says that they cannot own their own billing service or work for another billing service while they are employed by us.  And that they cannot work for any current client of ours or client within the past six months for a period of up to 1 year.  (This prevents them from quitting us, working for one of our clients and having that client quit our service.)  It states a couple of other things as well.  It is fair.  It doesn't mean that they can't work for any other dr (any one that is not one of our clients) or any other billing service - just that they can't take our clients with them or go to work for one of our clients after establishing the relationship thru us.  It also states they can't share any knowledge, policies or procedures, etc. etc.

Unfortunately, ours was written based on experience.  :(
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DIANEK1975

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Re: Forms for employees
« Reply #2 on: September 01, 2011, 10:44:00 AM »
I work for a billing company and have for the same one for over 10 years now. I'm wanting to take on a 1 or 2 Dr's of my own but never would dream on taking clients from my current employer, that's not right even though he did the same himself when he started out, I would never do that. I was honest with my employer and let him know what my plan was so that later he wouldn't be surprised.

The fact is that even if you do have something in writing people are going to do whatever they want and it will be hard and cost money  to prove anything in the end, it would not be worth it!

Just make sure you hire trustworthy employee's.


Michele

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Re: Forms for employees
« Reply #3 on: September 02, 2011, 07:17:16 AM »
Good advice, but it turned out the one we thought was the most trustworthy was the one who got us.  You really never know.  You are right though, it would cost a lot and be difficult to fight, but by asking them to sign something you let them know up front what you expect and don't expect them to do.  If they hesitate in signing, or aren't willing to sign, it speaks volumes!  But in the end, it will come down to who they truly are inside.
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billingandscanning

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Re: Forms for employees
« Reply #4 on: September 07, 2011, 09:37:44 PM »
Thank you for that info Michelle. Why wouldn't you be able to use what they signed against them? I agree that if they hesitate, that is a sign. I will take your advise and just be cautious with who I hire.

Michele

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Re: Forms for employees
« Reply #5 on: September 08, 2011, 06:38:55 AM »
Well I'm not experienced in legal matters but I heard/read that non compete clauses are not enforceable in many states, including NY.  I'm not sure why.  Plus it would be a huge legal fee.  Most people don't understand the law either so when asked to sign if they have any reservations it may be a clue.  I do understand and encourage them to question it before signing to make sure they understand our position.  We don't prevent them from ever working in the billing field or anything crazy, just not to take our clients or directly compete with us in the same town for a period of time.  (That prevents them from coming in, learning our processes, then going out to do the exact same thing.  Franchising without the fee!)
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billingandscanning

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Re: Forms for employees
« Reply #6 on: September 10, 2011, 03:11:24 AM »
I appreciate your help with this. Sometime I feel stupid asking some questions, but I know that you guys are here to help. I have heard before that there are no stupid questions. I am very grateful for this forum!

DMK

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Re: Forms for employees
« Reply #7 on: September 12, 2011, 11:22:36 AM »
Non-competes are difficult to enforce because you can not deny a person the right to make a living at what they know how to do.  HOWEVER, Michele's non compete should be enforceable because it only states they can't steal clients and gives them an area that they can't compete in.  There should also be a time limit (if there isn't one).

Michele also gives a great piece of advice when she says "if they won't sign it speaks volumes".  A good biller should be able to find work IN an office or hospital, they just shouldn't open their OWN service after learning how to do it from their employer.  But I'm kind of a hard-ass in thinking that people should do what's RIGHT not what's EASY.   :-\

Michele

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Re: Forms for employees
« Reply #8 on: September 13, 2011, 06:28:59 AM »
We did stipulate a time period as well.  There are lots of things they can still do in the medical billing field if they choose, and none of them would hurt my company.  I agree, the right way isn't always the easy way but I believe it should be the only way.  I'm sure I slip sometimes but I try to live by that.   ;)
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PMRNC

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Re: Forms for employees
« Reply #9 on: September 13, 2011, 06:29:27 AM »
The reason most non=competes are not enforceable is because it comes down to he/said she/said, a non compete basically says an employee agree's NOT to actively compete against it's employer, this is divided two ways, to compete in general and to take clients from the employer directly. NEITHER can be enforceable unless you can show that the employee actively seeked to solicit the client. In terms of them taking on OTHER clients, most likely the non-compete is useless. The employer must show damages and cause of malice in order to enforce a non compete in court.  For example, if you have an employee who is approached by one of your clients to work for them on the side or instead of, your non compete would not be enforceable because the employee did not actively seek to solicit or do so with malice.  I agree with the others.. if the employee has a problem signing one, I'd definitely examine their motives.
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billingandscanning

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Re: Forms for employees
« Reply #10 on: September 13, 2011, 11:15:25 PM »
Thank you for the info and I will be cautious when hiring employees. I need clients before I get to this point, but just thinking of the future. Hopefully, sooner rather then later!  :)