My mom did this with one of the employees from a home health company working for her. But, it was a HORRIBLE company and we could've gotten them in legal trouble had we wanted to so they couldn't really complain. I don't know if when the girl quit she gave the agency a reason or anything, I never asked. My mom paid her more than the agency did.
Most agencies have a clause that their employees can not do private work particularly for someone that had previously used the services of the agency. Look at your contract. Only you can decide if it is worth it to take the job knowing that you would have to quit the one you have now and possibly not work for a while if there is a 30, 60, day or longer clause in the employment contract saying you would not work for a previous client.
When I worked for a VNA, we were forbidden from taking any previous VNA client on via private duty basis. (This was 20+ yrs ago) It could be a conflict of interest. Read your employer’s guidelines. Most likely it’s still highly discouraged, and there could be legal ramifications. There may be a time period after which it is allowed, but I’m not sure.
JoAnn29 is spot on. You are probably under a "no compete" contract and some go as far as saying you can't even work for a "similar company" within a so many mile radius.
If you are working for an agency, then I don't think you can do private duty without quitting your job. Especially since he is a former client. Then if you quit, does your contract have a "no compete" clause (I think that is what its called) Meaning if you quit you can not work for a present client and maybe a former client for a year or you will be sued.
Is this legal? If there are no stipulations that prevents you from working with this patient, what exactly is your are you asking? Can you please clarify?
Look at your contract.
Only you can decide if it is worth it to take the job knowing that you would have to quit the one you have now and possibly not work for a while if there is a 30, 60, day or longer clause in the employment contract saying you would not work for a previous client.
Most likely it’s still highly discouraged, and there could be legal ramifications. There may be a time period after which it is allowed, but I’m not sure.