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If higher a caregiver can she be hired outside or away from the agency?

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If you are now using an agency to hire someone, you probably cannot hire her outside the agency. Your contract with the agency probably does not allow that. Its like stealing and you could be sued. Same for the employee. Her contract may not allow this either.

If you have no contract with an agency but the aide works for one, that all depends on the contract aide has with agency.

There ate a couple of members who have and do work with agencies and can explain how all this works.
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Reply to JoAnn29
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Yes, but at your risk. If she is a full-time employee you have to cover:
Social Security and Medicare Taxes (FICA): For 2024, if you pay cash wages of $2,700 or more to any one household employee, you must withhold and pay FICA taxes. The total tax is 15.3% of wages (7.65% is the employee's share, and 7.65% is your employer's share). You are responsible for withholding the employee's share and paying the full amount to the IRS.
Federal Unemployment Tax (FUTA): If you paid total cash wages of $1,000 or more in any calendar quarter during the current or preceding year, you must pay FUTA tax on the first $7,000 of wages. This tax is paid solely by the employer.
Federal Income Tax Withholding: You are generally not required to withhold federal income tax from a household employee's wages unless the employee requests it and you agree. If you do agree, the employee must provide a completed Form W-4 to determine the correct withholding amount.
Reporting: You must file Schedule H (Form 1040) with your personal federal income tax return to report these taxes. You also need to provide your employee with a Form W-2 by the end of January of the following year.
State Taxes: You may also have state unemployment tax or other state-specific tax obligations. Check your state's unemployment agency for information. 
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Reply to Caregiveronce
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"Can I steal someone else's car?"

Sure you can, you just need to expect that there will be consequences.

She probably signed a no-compete contract when she took the agency job. And if you hired her through the agency, you also probably signed a contract forbidding the poaching of their employees.

If you attempt to circumvent the contracts, then be prepared for the consequences which are clearly outlined in the contracts.
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Reply to Geaton777
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That depends entirely upon what legal forms, documents and agreements she made with the agency she worked for. Speak with HER/HIM or with the agency itself.
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Reply to AlvaDeer
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