I have literally done this more than a few times over 25 years in service as an in-home caregiver.
The caregiver/friend needs to formally quit the agency she works for. Then you pay her in cash (literally cash as in an envelope of money every week). Then when the agency term is up on the contract (it's usually a year), you hire her legally and do all the paperwork and everything then after the term has ended.
Find out how long the term is on the agency contract and go from there.
OR
The caregiver formally quits the agency. Then your friend hires her in an entirely different job. Like hiring the caregiver as a 'consultant' or a 'landscaper' or 'driver' or 'cook'. She would not be working as a caregiver.
Also, your friend if she is married can have her spouse or if someone else lives in the home, "hire" this caregiver to work for them. They never signed any paperwork with the homecare agency.
These are ways your friend can get around the homecare agency trying to make threats. I have a homecare agency and this is how you can get around one.
Ensuring no paper trail necessarily means evading taxes, which is illegal. Plus there can’t be a contract ans that is a paper trail. These and All these suggestions involve lying. Fraud. Even if you can get away with it, it still is. And as you’ve said you want to be aboveboard, you should not do it.
Agency refused to buy out the cg . So that the cg could work for her directly. She will hire payroll services and workman’s compensation added to her home insurance for liability in case cg will get hurt at work. She wants it in a legal way as much as possible.
Each of them needs to read their contracts. The CG needs to know how long the "no compete" time frame it and what legal actions the agency claims to be able to take if breached. Your friend needs to promise to give this cg the amount of hours and times she wants to work. Without a contract though, either one of them can "flake out" (change their minds about the arrangement) and then the cg quit for nothing and the client put all her eggs into the wrong basket. No written contract with that specific cg = no legal recourse. No liability coverage, either, if there is no proof this person actual works for the client (your friend). Your friend needs to know the risks and go into it with her eyes wide open.
My friend doesn’t like cg from agency . There is only one person she likes. They have been sending 8 cg already , none of them she likes. One stealing from her, one gave her wrong medicine, one doesn’t like her dog, one eating her food. That’s why she offered the agency to buy out this cg that she likes but agency refused. Not only that , POA told her that she needs to cut the hours of cg coz pretty soon she will run out of money. She doesn’t want to live in a nursing home if she run out of resources. Agency is so expensive . She doesn’t have contract to the agency. She needs to give them 15 days to quit but she likes to keep the cg that she love.
You better read your contract with this agency. They may have the right to sue you and the caregiver too. What your doing is stealing their employee. The Caregiver probably has something like a "no compete" clause in her contract. She cannot quit and keep you as a client, again its stealing.
If I am reading your question correctly Your friend has a caregiver that she likes. Your friend does not like the agency or the agency is expensive Your friend wants to hire the caregiver privately. Your friend is trying to find a way out of the contract.
Most agencies have very strict clauses in contracts. Caregivers can face pretty stiff penalties if they quit an agency and work for a client. And many caregivers do not want to take the chance that their name will be given to other agencies as a person not to hire when your friend no longer needs a caregiver, or decides that she is too expensive, does not like the way she does something, does not like her perfume.....
Most homecare agencies don't let their employees "moonlight" work with clients or with other agencies.
Sometimes for a fee they will release a caregiver from their contract not to take other employment. Of course this depends on how good the client's insurance is or if they're paying cash.
I have literally done this more than a few times over 25 years in service as an in-home caregiver.
The caregiver/friend needs to formally quit the agency she works for. Then you pay her in cash (literally cash as in an envelope of money every week). Then when the agency term is up on the contract (it's usually a year), you hire her legally and do all the paperwork and everything then after the term has ended.
Find out how long the term is on the agency contract and go from there.
OR
The caregiver formally quits the agency. Then your friend hires her in an entirely different job. Like hiring the caregiver as a 'consultant' or a 'landscaper' or 'driver' or 'cook'. She would not be working as a caregiver.
Also, your friend if she is married can have her spouse or if someone else lives in the home, "hire" this caregiver to work for them. They never signed any paperwork with the homecare agency.
These are ways your friend can get around the homecare agency trying to make threats.
I have a homecare agency and this is how you can get around one.
Your friend has a caregiver that she likes.
Your friend does not like the agency or the agency is expensive
Your friend wants to hire the caregiver privately.
Your friend is trying to find a way out of the contract.
Most agencies have very strict clauses in contracts.
Caregivers can face pretty stiff penalties if they quit an agency and work for a client.
And many caregivers do not want to take the chance that their name will be given to other agencies as a person not to hire when your friend no longer needs a caregiver, or decides that she is too expensive, does not like the way she does something, does not like her perfume.....
Quit doing WHAT for an agency?
Buy out WHAT caregiver?
WHAT exactly has the Agency refused to allow?
I am afraid I don't understand your questions. Sorry.
Most homecare agencies don't let their employees "moonlight" work with clients or with other agencies.
Sometimes for a fee they will release a caregiver from their contract not to take other employment. Of course this depends on how good the client's insurance is or if they're paying cash.