I've been taking care an elderly patient under an agency for 3years.

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My agency doesn't pay me on time, like they are supposed to pay me every two weeks. They are like one month delayed. Only when I call them that's the only time they will deposit a check. It's been going on for nearly 3years. Now I would like to resign and apply to another agency. The patients family says if I'm resigning, they will also terminate their contract with my agency and follow me to another agency. they want me to continue taking care of their Mom since I've been with her for 3years. Now I'm current agency is saying there might be a conflict if we quit both. Can you please enlighten me. I don't know what to do. Thanks


Also let me add that on my patient's contract with my agency, it say she can terminate the contract with them at any time time at her will.
Read the contract again, very often there are "non-compete" clauses where IF they, the family, hire you, they pay the agency a buy-out fee.
On your own employment contract, if you go to another agency and take the customer with you, there are buy-out fees. Read carefully.
You will need to read your employment contract.... your client will need to read their service contract. Check to see if written in either contract that if you, the Caregiver, moved to another agency, that you would not be able to bring with you your clients from the previous agency for 90 days, 180 days, or one year.

For the client, that client might have to pay a *fee* to the current agency if they follow you to a newer agency, even if they can cancel their current contract.

I am surprised you have stayed three years with an agency that wasn't paying on time. I would have resigned after the first few months.
I believe the patient has the right to terminate the contract with agency at any time, when they decide to go to another. The fact that the care-giver is esteemed by the satisfied customer speaks volumes for the care they receive from her & should be rewarded by the agency with, at the very least, a pay raise. Under these circumstances, the agreement was breached by the agency long ago. They have violated all kinds of labor laws. The patients' "Bill of Rights" above all cannot be denied because of a one-sided contract by a company who does not even have the integrity to honor their own rules. Check w/ an adviser who can tell you how to proceed legally in the course you desire to take. I have worked for different companies & taken care of the same patients, as they "shopped around for a better fit" while I was" shopping around for a better agency." Same patients--- new agreements with middlemen never changed the relationships we had with our clients. Used to think it was worth it. Now, I like it better just working for the family myself whenever possible. It's a win win. Good luck, Kisses! blou

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