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COA: Break in employment triggered non-compete agreement

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A man who joined a competitor immediately after his employment ended at another company did not violate a non-compete agreement, the Indiana Court of Appeals ruled Thursday. The judges agreed that a 10-day break in employment with the prior employer two years earlier constituted the beginning of his non-compete agreement, and his new job falls outside that two-year non-compete restriction.

Carey Helmuth worked at Nightingale Home Healthcare Inc. as a patient advocate. When he joined the company Jan. 24, 2008, he signed a non-compete agreement barring him from working with a company in a similar field and in a similar position for two years after separation from the company.

In October 2009, Nightingale fired him. But 10 days later, the company offered to revoke the termination and allow him to return to his prior position. He returned to work for Nightingale Oct. 26, 2009, but did not sign a new non-compete agreement. Helmuth’s employment ended with Nightingale March 5, 2012, and he began working with Physiocare Home Healthcare LLC as a patient advocate almost immediately.

Nightingale sued Helmuth and its competitor, arguing he breached the non-compete agreement. The trial court ruled in favor of Helmuth and Physiocare, agreeing with the defendants that the non-compete agreement expired in October of 2011 due to the break in Helmuth’s employment.

“Despite Nightingale’s characterization of Helmuth’s rehire as a revocation and rescission of the previous termination, we find that, based on the evidence, Nightingale’s conduct is more properly defined as a separation from the company which was unconditional and intended to operate as a permanent termination of the employment relationship between Nightingale and Helmuth,” Judge Patricia Riley wrote in Nightingale Home Healthcare, Inc. v. Carey Helmuth and Physiocare Home Healthcare, LLC, 29A04-1403-PL-121.

“Mindful that non-compete agreements are disfavored by law and strictly construed against the employer, we conclude that there is no issue of material fact that Helmuth was indeed separated from Nightingale on October 16, 2009, which marked the starting point of the two-year restrictive period of the Non-Compete Agreement,” she continued. “Absent the execution of a new non-compete agreement on October 26, 2009 or a written extension of the prior Non-Compete Agreement, Helmuth’s restrictive period ended on or about October 16, 2011. Therefore, at the time of entering into an employment relationship with Physiocare in May of 2012, Helmuth was no longer bound by the provisions of the Non-Compete Agreement.”


 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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