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Wisconsin Judge Rules 7 Health Care Workers Cannot Switch Jobs

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  • Wisconsin Judge Rules 7 Health Care Workers Cannot Switch Jobs

    The workers, unhappy with their jobs and how they are being treated by their employer ThedaCare, with whom they are at-will employees and have no obligation or contract for a certain time period of work (and also zero non-competition contract that would prevent them from working for another health care company after leaving), they applied for and received positions at another healthcare company, Ascension. ThedaCare sued, saying the 7 were part of an 11 member interventional radiology and cardiology team and that them leaving would make ThedaCare unable to provide enough care. The judge ruled to prevent them from going to work at their new company, and there will be another hearing today.

    Absolutely insane, absurd, and flagrantly in violation of their rights. Hopefully will get overturned, and hopefully the judge will be removed from office (sadly I doubt it, by any of the means available).
    https://www.postcrescent.com/story/n...es/6607417001/

    https://mishtalk.com/economics/wisco...ot-switch-jobs

    Now, I think it WILL get overturned by a higher court if this judge doesn't get off his dictatorial bench he has climbed on.

    But the more important part of this story, is this is precisely what the left wants. This is what they want when they declare 'Health care is a human right (except of course if you're unvaxxed)'. That's basically what ThedaCare argued, and what the judge pushed with his ruling. Once you declare something like health care a human right, you necessarily are saying that people are entitled to the labor and effort of someone else, to the point that if doctors, etc., decided to quit and go elsewhere, we'd see decisions like this forcing them to remain in place because 'health care is a human right'. You essentially create slaves required to provide health care, no matter their pay, no matter where they want to go, no matter if they want to switch careers, etc.. If it threatens that 'right', then you force it on them.
    "So when you actually get the virus, you're going to start producing antibodies against multiple pieces of the virus. So, your antibodies are probably better at that point than the vaccination."
    - Pfizer Scientist Chris Croce

  • #2
    Big Brother knows what's best for you.

    I'm always still in trouble again

    "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
    "Overall I would rate the withdrawal from Afghanistan as by far the best thing Biden's done" --Starlight
    "Of course, human life begins at fertilization that’s not the argument." --Tassman

    Comment


    • #3
      wow
      The first to state his case seems right until another comes and cross-examines him.

      Comment


      • #4
        Then the company needs to hire replacements like any other company would. Or pay out the wazoo to keep them there.

        Comment


        • #5
          Originally posted by Sparko View Post
          Then the company needs to hire replacements like any other company would. Or pay out the wazoo to keep them there.
          Yep. And that's the thing, they had the chance to make a counter offer and chose not to. I'd just straight up coordinate with the others and call in sick until this gets overturned.
          "So when you actually get the virus, you're going to start producing antibodies against multiple pieces of the virus. So, your antibodies are probably better at that point than the vaccination."
          - Pfizer Scientist Chris Croce

          Comment


          • #6
            Frankly, the judge needs to be disbarred for making a blatantly illegal ruling.

            (Although the ruling probably makes perfect sense to nutjob liberals who think healthcare is a guaranteed right.)
            Last edited by Mountain Man; 01-24-2022, 11:57 AM.
            Some may call me foolish, and some may call me odd
            But I'd rather be a fool in the eyes of man
            Than a fool in the eyes of God


            From "Fools Gold" by Petra

            Comment


            • #7
              Originally posted by Gondwanaland View Post

              Yep. And that's the thing, they had the chance to make a counter offer and chose not to. I'd just straight up coordinate with the others and call in sick until this gets overturned.
              Just get yourself fired. Come in drunk, sit around and complain. Problem solved.

              Comment


              • #8
                Found a different source. (Local ABC)

                https://www.wbay.com/2022/01/20/thed...orker-dispute/

                For clarity.

                The judge's ruling is on the other company (Ascension Wisconsin), not on ThedaCare's workers.

                The ruling orders Ascension to:
                “Make 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;

                “Cease the hiring of the individuals referenced until ThedaCare has hired adequate staff to replace the departing IRC team members.”

                So, while the impact may be that the Thedacare workers are unable to change jobs, the order itself is on the other company hiring, not the workers themselves.


                Comment


                • #9
                  Originally posted by CivilDiscourse View Post
                  Found a different source. (Local ABC)

                  https://www.wbay.com/2022/01/20/thed...orker-dispute/

                  For clarity.

                  The judge's ruling is on the other company (Ascension Wisconsin), not on ThedaCare's workers.

                  The ruling orders Ascension to:
                  “Make 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;

                  “Cease the hiring of the individuals referenced until ThedaCare has hired adequate staff to replace the departing IRC team members.”

                  So, while the impact may be that the Thedacare workers are unable to change jobs, the order itself is on the other company hiring, not the workers themselves.

                  Still a violation of freedom.

                  Comment


                  • #10
                    Originally posted by Sparko View Post

                    Still a violation of freedom.
                    But to a much lesser extent. These workers could all (for example) quit their jobs and go on sabbatical. They could all switch careers and become teachers. They could all quit and start their own competing company.

                    The only thing they can't do under this one is be hired by that other company, because that's who the judge actually restrained.

                    Comment


                    • #11
                      Originally posted by CivilDiscourse View Post

                      But to a much lesser extent. These workers could all (for example) quit their jobs and go on sabbatical. They could all switch careers and become teachers. They could all quit and start their own competing company.

                      The only thing they can't do under this one is be hired by that other company, because that's who the judge actually restrained.
                      Works out to be the same thing though. Obviously they wouldn't be able to afford to not have a job, and it is not practical or cheap to change careers. And anyplace else they tried to go in their field would probably fall under the same ruling. The judge is basically enforcing a non-compete where there IS no non-compete contract. The result is that they can't change jobs unless the company they work at currently lets them by first hiring replacements.


                      Comment


                      • #12
                        Originally posted by CivilDiscourse View Post
                        Found a different source. (Local ABC)

                        https://www.wbay.com/2022/01/20/thed...orker-dispute/

                        For clarity.

                        The judge's ruling is on the other company (Ascension Wisconsin), not on ThedaCare's workers.

                        The ruling orders Ascension to:
                        “Make 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;

                        “Cease the hiring of the individuals referenced until ThedaCare has hired adequate staff to replace the departing IRC team members.”

                        So, while the impact may be that the Thedacare workers are unable to change jobs, the order itself is on the other company hiring, not the workers themselves.

                        Let's not lose sight of the fact that healthcare is ultimately a business, so the judge is doing nothing more than protecting business interests. It would be like any other for profit business suing to stop a competitor from hiring its employees. The case should have been immediately tossed for lack of merit and for attempting to violate the rights of the employees to work for, or not work for, whomever they wish.
                        Last edited by Mountain Man; 01-24-2022, 04:16 PM.
                        Some may call me foolish, and some may call me odd
                        But I'd rather be a fool in the eyes of man
                        Than a fool in the eyes of God


                        From "Fools Gold" by Petra

                        Comment


                        • #13
                          Originally posted by Gondwanaland View Post
                          But the more important part of this story, is this is precisely what the left wants. This is what they want when they declare 'Health care is a human right (except of course if you're unvaxxed)'. That's basically what ThedaCare argued, and what the judge pushed with his ruling. Once you declare something like health care a human right, you necessarily are saying that people are entitled to the labor and effort of someone else, to the point that if doctors, etc., decided to quit and go elsewhere, we'd see decisions like this forcing them to remain in place because 'health care is a human right'. You essentially create slaves required to provide health care, no matter their pay, no matter where they want to go, no matter if they want to switch careers, etc.. If it threatens that 'right', then you force it on them.
                          The Sixth Amendment guarantees the "right to a speedy and public trial" and "to have the Assistance of Counsel for his defence", but I don't see prosecutors, defenders, lawyers, judges, or others in related fields being enslaved and forced to work. I don't why healthcare would be any different.

                          Comment


                          • #14
                            It's amusing I see leftists condemning this ruling as a naturally dictatorial outworking of capitalism.

                            Yet here Gondwanaland has done incredible mental gymnastics in order to blame leftists for it, wow. And he thinks if healthcare was a right then people could enslave healthcare workers. Guess he's too stupid to realise education being a right hasn't led to the enslavement of teachers, and too stupid to look at even a single country where healthcare is a right and see how it actually works.

                            Comment


                            • #15
                              From one of the OP's sources:

                              Temporary Order lifted, Ascension may onboard the employees as planned.

                              Source: https://www.postcrescent.com/story/news/2022/01/24/thedacare-ascension-court-over-health-care-worker-employment/6635683001/

                              APPLETON - Seven health care workers will be able to start their new jobs at Ascension St. Elizabeth Hospital in Appleton after a judge dismissed a temporary restraining order Monday that was barring them from doing so at the request of their former employer, ThedaCare.

                              Outagamie County Circuit Court Judge Mark McGinnis ruled that ThedaCare's arguments were not enough to uphold the injunction.

                              McGinnis said he signed the initial restraining order Friday because of the gravity of the situation that ThedaCare laid out in their complaint. Wisconsin statute says the court should give "substantial weight" to any adverse impact on public safety when deciding what to require in the order.

                              Lawyers for ThedaCare had argued the region would be in danger of not having health care for severely injured patients or people who had suffered strokes if the seven employees moved to Ascension for their Monday start date.

                              But after Monday's hearing, McGinnis said ThedaCare could rely on alternate staffing solutions it already is pursuing to preserve care, including cross-training employees who do similar jobs at ThedaCare's Appleton hospital.

                              The broader case, in which ThedaCare argues that Ascension inappropriately group-recruited these employees, will go forward in court, but the employees are free to begin their new jobs on Tuesday. A lawyer for ThedaCare said the seven employees would be compensated for Monday's missed work at the higher wage they would have had if they'd started as planned at Ascension.

                              © Copyright Original Source



                              And the original Temporary order itself:
                              https://www.documentcloud.org/docume...&sidebar=false

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