The Joseph Saveri Law Firm is conducting a Surgical Care Affiliates employee “no-poach” investigation into alleged agreements not to compete for senior-level employees with at least two other health care providers in the United States. These “no-poach” agreements ran from no later than 2010 until at least 2017. Surgical Care Affiliates LLC (SCA) is one of the largest providers of outpatient surgery in the U.S. with over 230 medical care facilities nationwide.
Recently, the U.S. Department of Justice (DOJ) indicted SCA for these anticompetitive “no-poach” agreements. In its indictment, the DOJ alleges SCA conspired with other health care companies to “suppress competition . . . for senior level employees” in violation of federal antitrust laws. The DOJ is pursuing criminal charges, which are different from civil liability that SCA may face from employees affected by its anticompetitive conduct.
In labor markets, workers benefit from a competitive environment: Ideally, employers compete among themselves to hire employees who have the training and skills to enhance the employers’ services and brands. As a result, senior-level employees are able to obtain higher compensation and benefits. In contrast, the alleged unlawful agreements suppressed wages for employees who sought better opportunities with competing employers but were not hired due to the conspiracy. These “no-poach” agreements further suppressed compensation for all senior-level health care employees—even those who did not seek other job opportunities—because companies, including SCA, avoided paying competitive wages to retain employees.
If you worked for SCA between 2010 and 2017, you may have been impacted by these illegal and anticompetitive agreements. To find out more information about our Surgical Care Affiliates employee “no-poach” investigation or if you are interested in holding SCA and its co-conspirators accountable, please contact the Firm.
Please rest assured that any information you provide to us will be kept strictly confidential as provided by law.
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