Recently hired a new caregiver agency and quit the previous one because they where not providing caregivers with dementia experience. One of the aides we really liked ended up quitting and wanted to come to the new agency we signed up with. So we brought her to them so that my mother can continue care with her. She is very good and the only one out of numerous aides that can handle her.

The new agency made us sign a contract stating if we leave the company and or any aide quits (our aide we sent to them in particular) we cannot not ever hire her. I find that hard to believe the company basically owns that person. Does it mean a lifetime or few months after we or they terminate. Is this legal?

The contract specifically states we cannot hire an aide that is currently or formerly worked for the company.

Please advise if this is legal

We brought the aide to them so we can keep her on my mother's case.

This is also under workmans comp and they are paying for service. We have signed the contract. Mary

So we can never hire that aide again. We have no contract in regards to time. We can terminate the company anytime. But if we do and the aide chooses to quit the company to continue to work with us, can we hire her. Again we brought her to the company from another company she quit so she can continue care with our mother.
And if there is not timeline, is it a lifetime we cannot hire her??? They put no time line.
Helpful Answer (0)
Reply to Mary22
tacy022 Sep 22, 2018
If the caregiver quits, she most likely signed a non-compete. That is usually 6 months or a year but can go up to 2 years. The caregiver could legally fight the non compete or pay the $2500 to $5000 fee for a buyout. Most caregivers cannot afford to pay that so many times the client will pay it.

You on the other hand would have to buyout your non-hire clause which will most likely it will cost $5000 to $10000 to buy out.

If you can afford contract buyouts, you could employ the caregivers.
This is not a non-complete clause, those are placed in employment contracts. This is called a non-hire or non-interference clause and is more enforceable.

Before you signed the contract, you should have red-lined it to excuse the employee. If you leave the agency, you will need to offer a settlement to get out of the contract.
Helpful Answer (1)
Reply to tacy022

I think it might be what they call a “non-compete” clause. Local television news personalities have those. They quit at one station and cannot start a new job at another station for months.
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Reply to Ahmijoy

I'd consult with an attorney in your jurisdiction. There are laws about non-compete contracts.
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Reply to Sunnygirl1

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