
I have caregiver that works for two different agencies. We are the client through Agency #1 and she has another client through Agency #2. If we (client under Agency #1) canceled our contract (with Agency #1) and hired her through Agency #2, would this violate the “can not hire” clause with Agency #1? We will not be hiring her as an employee/contractor instead, we will be hiring her under Agency #2, ONLY if Agency #2 charges us less than Agency #1 for her services?
The caregiver should have a copy of her employment contracts with both agencies though. It will be spelled out there whether or not the 'cannot hire' clause would be violated. If Agency #2 put her on your case they would have to make sure Agency #1 does not find out. Most homecare agencies with 'cannot hire' clause for their employees come with a time limit. It's usually one year after they leave an agency. If such is the case, hire her privately for the time. Or have Agency #2 work it out for you. They want your business, so they'll make an arrangement.
When you do this, you are not obligated to give agency 1 any information other than you no longer need their services.
How would you know? Do you often see the business end of homecare employee contracts? My guess is no because homecare businesses don't give copies of employee work contracts out to clients.
A 'no hire' clause is something the employee agrees to in their employment contract. They may allow the caregiver to take work with other homecare agencies which is rare but not unheard of, but they will never allow them to poach clients away from them. This could get complicated for the employee/caregiver unless the OP hires her privately.
She would have to quit Agency #1 because poaching clients for another agency would be grounds for immediate dismissal from Agency #1. Then she's got a mark on her record. Also, who knows how many clients and hours the caregiver gets from Agency #1? It might not be worth her while to quit them in favor of one client from another agency.
Both my contract and the caregivers contract with Agency #1 has a one year “no hire” policy. I am interpreting that as, I can not directly employ her. Am I interpreting that correctly? 🤔