No-Poach Agreements Between National Outpatient Surgery Center Companies
McCune Wright Arevalo, LLP, is now investigating bringing a class action lawsuit against three competing companies alleged to have colluded together to avoid poaching each other’s executive level employees. The investigation includes Surgical Care Affiliates, LLC, (SCA) and two other companies that may or may not include AmSurg, and United Surgical Partners International (USPI).
In January 2021, the Department of Justice of the United States of America (DOJ) filed an indictment claiming the top executives of SCA and two companies based out of Dallas, Texas and Denver, Colorado verbally agreed to prevent recruiters and human resources employees from interviewing employees at the Director-level or higher from other companies in the agreement. This is a direct violation of antitrust law and a gross infringement on the rights of employees to seek out better, more lucrative employment.
If you are/were a Director-level employee or higher for SCA, AmSurg, or USPI from 2010 to 2017, call us today at (909) 345-8110 to determine your rights if these allegations are proven true.
You Could Be Losing Opportunities
According to the indictment filed by the DOJ, human resources employees allegedly removed candidates from their interview lists because of this verbal agreement, potentially denying opportunities for career advancement for several qualified employees. In an email from one human resources employee to another, they allegedly wrote, “Please do not schedule a call w/ [candidate], thanks…We cannot reach out to SCA folks. Take any SCA folks off the list.”
The indictment also states Director-level or higher employees would have to first inform their superior of their intent to leave the position as well as apply to an open position at another of the listed companies directly to even be considered for an interview. This places immense pressure on employees to stay with their current company out of fear of retaliation for expressing their intentions to their boss.
Employees maintain the right to search for new employment for any reason with or without notice If you are/were a Director-level employee or higher for SCA, AmSurg, or USPI from 2010 to 2017, call us today at (909) 345-8110 to determine your rights if these allegations are proven true.
You Deserve More
McCune Wright Arevalo, LLP, has had a long history of success in antitrust matters. During his 20 years of experience, head antitrust litigator Derek Y. Brandt has addressed unscrupulous business practices that have resulted in injury to small businesses or employees in industries ranging from fast food to home healthcare. Our team has successfully attained more than 100 verdicts and settlements of $1 million or more for our clients in all different type of consumer cases. We will fight for your employment rights in a free labor market.
If you are/were an employee of Surgical Care Affiliates, AmSurg, or United Surgical Partners International at a Director-level or higher, you may be entitled to substantial compensation. Contact us today or call (909) 345-8110 for your free consultation!
All contact is completely confidential, and your identity will only be known to McCune Wright Arevalo, LLP, who will guard the privacy of the information.