By Andrew P. Botti

Commonwealth of Massachusetts Appeals Court – Gabriel Care vs. Borden Care
Gabriel Care, LLC vs. Borden Care, LLC, & another
For the first time a case involving competing visiting nurse associations has been reported out of the Massachusetts Appeals Court. Although by statute nurses are not subject to non-competes, there are still common law restrictions on what a present employee may do in preparation to compete.
“A duty of loyalty is imposed on an employee who occupies a position of trust and confidence.” Gabriel Care, LLC v. Borden Care, LLC, et. al., 2016 Mass.App.Ct, at page 10. With respect to a registered nurse who was planning to quit her current position with a foster care agency and start her own competing business, the Appeals Court held:
Continue reading →