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Has anyone heard of an "exit form" when leaving a business?
I have decided to leave my current job at a chiropractic clinic and my last day is Friday. Today, my boss handed me an "exit" form that she wanted me to sign, stating my client's files are property of the clinics, which I agree with...however, it also stated I am not allowed to contact any of my client's to inform them where I will be working in the future via email, mail, or by phone. I did not sign it, and told her I was going to talk to a lawyer before I sign anything. My mother-in-law is the senior director of Human Resources in a huge corporate company and she told me I don't have to sign anything, I do not have any legal obligation to sign anything that wasn't brought to my attention when I was hired. If this was a requirement, my boss should have brought this to my attention when I was first hired two years ago, correct? So, I was just wondering if anyone has ever heard of something like this? I personally thought that the reason most of us work for other company's when we first start practicing as a massage therapist was to build a clientele so in the future we can go out on our own if we choose to do so. I would love to hear what you all have to say about this.
Thanks for your comments!!! Have a great day!!
Sincerely,
April
Views: 288
Replies to This Discussion
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Permalink Reply by Lanakila Iesu on
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As an opening caveat, I am not a lawyer and am in no way a definitive source on the matter, however here is what I know:
Essentially this is a non-competition agreement; it's common and understandable for an employer to stipulate that employees cannot serve the clients they encountered at that location for a certain period of time following leaving the business...but most employers as far as I know include non-competition agreements in the terms of hiring someone, not something for them to sign prior to leaving. If you still have a copy of your employment agreement, take a good close look at it and see if your employer made any mention of this in writing anywhere at that time. (After all, the large print giveth and the fine print taketh away.) But I believe you're correct; after all, it's not as if employers are free to make new demands of employees prior to "letting" them quit, otherwise can you imagine the demands some folks would be faced with?
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Permalink Reply by Vivian on
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I see no reason for you to sign it or why you would in any way be obligated to sign it.
I think a no competition agreement is a good and fair thing to do. But the time to do that is before you begin the job.
It kind of reminds me of a friend of mine whose husband recently asked her to sign a pre-nup, yes husband, they have been married for several years, so what on earth would motivate her to sign one now?
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Permalink Reply by Jason Erickson on
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When you stop working there, you have exited. What can they do if you don't sign it? Nothing. If they wanted you to sign something of that nature, they should have made it a condition of employment. Now it's too late.
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Permalink Reply by William M Gagliardi on
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Generally speaking clients which you meet during your practice "belong" to the clinic. However, you must be informed of this upon your hiring as part of your contract. You will find items such as non disclosure( HIPPA nothwithstanding), and non competitiive terms in your contract which means you will not be in position to practice within a certain geographic location of your employer. These however must be made clear upon your hiring, That is why it is important as an employer, and as an employee, to get a written employment contract if a policy manual( which you usually sign) is not used. I worked for a national retsurant chain as a manager and these were standard practices, I recently had a friend who works for an oncology center. They sent her for a course in Oncology Massage, which they paid for, However after she completed the course they told her she can only give Oncology Massage at their clinic, She was advised that this may be nonbinding as she did not sign an agreement to this fact prior to accepting the course and reimbursement.
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Permalink Reply by Laura Allen on
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I have heard of exit interviews and employers asking you to sign something. As far as contacting clients, when I left my employer and started my own clinic, I placed a few big fat ads that said "Laura Allen, formerly of The Whole You, is now in practice at THERA-SSAGE at 431 S. Main St. Rutherfordton. That's not illegal in any way.
I employ over a dozen people and I have never asked anyone to sign that or a non-compete. I'm sure if a staff member left (hardly anyone ever leaves) that a certain number of their clients will follow them. My business is not based on one person's ability so I choose not to worry about that.
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As a previous Spa Director and now an owner of my own massage therapy center I understand why they would want you to sign contract stating you won't contact the clientele you've worked on. However, it's unethical for them to ask you to do so after you decide you're leaving them. They should've been up front about their positioning when you came on board with their company. I agree with Laura on this one, write a press release as well as post signs where you've relocated to. Don't worry too much about it either way. Word of mouth will "promote" where you've gone and your clients will follow.
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