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In the case of the former, the home health aide is an employee of the company and is (hopefully) insured and bonded through the agency. Still, the contract entered into rules.
In the case of the latter, the home health aide is an independent contractor and is responsible for their own liability insurance and bonding. Typically, a nurse registry is just that and does not provide any liability protection.
Caveat emptor.
I remember back when I was cleaning out my parents house, my Mom has a really nice second engagement ring which I always thought was in her and Dad's bank safe deposit box as Mom rarely wore it. Well, it wasn't in the safe deposit box but my rings were there.
Heavens know where that ring went. My Dad had around the clock caregivers, but I couldn't point a finger at any of them, for who knows maybe my Mom gave the ring to a relative, or she had lost it.
Nothing else of value was ever missing, as Dad had a habit of leaving his wallet on his desk. He always had $25 in it, and any time I visited, I would check his wallet. Money was always there.
The caregivers my Dad had were bonded, so they were covered for such things like this. But like I said, you need 100% proof it was a caregiver.
Victims know their own stuff and when things are missing or when they have been violated.
There's a good explanation by Cornell Law School:
https://www.law.cornell.edu/wex/respondeat_superior
And blending CW's and FF's advice, first get your documentation and proofs together, then file a police report. I haven't decided if you should give the Agency another chance first though. Something to think about.
Do you mind providing information on the stolen items? Under a certain value, it might be misdemeanor, or above that value, a felony charge.
You'll have to present a good case and justification for police to act, so be prepared to do that.
BTW, what background checks does the agency do? Was it represented that the caregivers had been checked at local, state and federal level for criminal activity?
Under that doctrine, the agency would be responsible.
Note, however, that some agencies include clauses that they're secifically not responsible in situations like this. I learned that when I was trying to find a private duty agency with a decent contract.
If private duty caregiving ever gets the attention of the legal community, that's an issue that should be addressed so that any assertion of it in the contract would be considered inconsistent with statutory or case law.
And even if the agency's contract attempted to exclude liability in its contract, that could be challenged - exclusion clauses have to be reasonable.
What does the contract say about what steps the agency takes to check the backgrounds of the workers it supplies?
Have you had an opportunity to sort this out with the actual culprit, though?
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