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If a caregiver has a long-time client who dies, does the caregiver have the option to work for a different client, same family, without paying a penalty to the agency? The possible new client was very closely related to the now deceased Client, as well as the current possible clients POA, which they both shared. An agency handled the employment of the now deceased client and caregiver. The deceased clients POA, who hired the agency for the now deceased client, is the same person who has suggested hiring the ‘same’ caregiver for her other close relative, who was never a client of the agency. The caregiver had already decided to quit the agency and go private duty before this came up. What are the options?

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One more question would be if the *family* signed an agreement with the agency about privately hiring a former employees during an immediate timeframe specified in the document (like within a year of them leaving the agency).

I can see how an agency-employed caregiver would feel that the agency is "worthless" but it provides specific benefits to families beyond just caregiving, such as training, vetting, payroll/employment law/tax compliance, subs, liability insurance and legal accountability. The family mentioned in the post can certainly privately hire the same caregiver (if there was no contract) and pay less for care but they won't get any of the other benefits and protections. You get what you pay for in most cases.
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JoAnn29 Jun 2021
With my daughter "the no compete claus" is for about a year. She worked woundcare in a hospital for a subcontractor. When their contract wasn't renewed the hospital wanted to hire her but her contract with the company won't allow it.
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Where's your problem then?
This caregiver has already proven that she's good to your family because you want her back. If she's working privately now she can take work with anyone she wants.
I went private duty a long time ago because I saw no reason to continue letting a useless agency who offered me nothing as an employee to rob and steal my hard-earned wages every day. A care agency takes 50% or more of the hourly wage collected for a caregiver. So I went private too for a long time.
Hire back the good caregiver who worked for your family and pay her asking price.
Most of the time insurance will not pay for caregivers unless a do-nothing, useless agency is involved. Is this the problem? You don't want to pay for the care?
If such is the case you'll have to use an agency.
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I would think you would be able to work for another client no matter who recommended you and no matter where you met them once you resign from your agency. But if you plan to stay with that agency you may need to reread your contract and I think I would pay for an hour of attorney time to pass this question past legal eagle eyes. You don't want to run into legal problems, not because you will not win in court, but because no one can honestly afford to GO to court. See a lawyer and be certain. You will earn more money by not using the agency. But there are benefits to being backed up by an agency as well, responsibilities they take on for you. Do see an attorney when any question arises that can have legal repercussions.
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JoAnn29 Jun 2021
There are "no compete" clauses where u can't quit to work for a client. Its stealing the client away from your former employer. Daughter's contracts have always had a "no compete" clause.
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I wish people would not write in 3rd party. For me its confusing.

From what I read and comprehended, since the new client was never signed up with the agency, then you have no problem. Its when the client contracted with an agency and then wants to hire the caregiver assigned to them privately that the problem may arise. And that problem would be between the caregiver and the agency's contract with the CG. Being related has nothing to do with it.
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BurntCaregiver Jun 2021
JoAnn29,

Even if a caregiver does work for an agency and a family wants to hire her privately, whose business is it?
The care agency works for the people paying them. Not the other way around.
No family has to let some agency in on their business.
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Non compete clauses are not enforceable in Oklahoma, so that is not an issue. The contract between POA and agency was terminated upon death. There should be no problem, give to weeks and done. If you are trying to do private duty, and if you and trying to receive a 1099, you need to set up a business and less than 75% of your income needs to be from the new client. If not, you need to become an employee of the new client.
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It doesn't matter that the prospective client was never a client of the agency. What would matter is if the now-resigned caregiver signed any paperwork when first hired by the agency. They need to break it out and read it to know what they can and cannot do and when. If they didn't sign any no-compete contract or such, then I don't see any problem with wherever that caregiver wishes to work.
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