We have the best caregiver ever. She laughs, teases and engages my husband every day M - F for 3 hours. The company that brought us together in December has not been honest or reliable. She finally gave her 2 wk notice and went with a new agency that assured us that she could keep us as a client so we terminated as well from the first company ( I had interviewed with them prior to meeting the caregiver as I was at my wits end with the company as well). I was well aware that my contract with the first compant prohibited me from hiring one of their employees privately. However, I did not realize there was a clause that said I could not employ her from another company for one year! Their lawyer has given me two choices: either terminate her from caring for my husband OR submit $15,000 to the company by Feb. 17th. This was in an e contract that I did not even have a copy of until I requested it from the lawyer. This has caused me so much added stress and grief as I think about what this means for my husband. He has flourished with her. It is not like the company invested any time or effort in training the caregiver she is a CNA. They have lost several caregivers due to the dysfunctional office.... Any suggestions???
Once you’ve done the list, it might help to get a lawyer to write the snotty letter. Perhaps write it yourself first, and follow it up with a lawyer’s version if yours doesn’t do the trick.
That would be my stance and I wouldn't budge.
Hire this wonderful caregiver and pay her with an envelope of cash every week until the one-year contract period is up. This woman takes good care of your husband and you like her as well. Offer her this and she'll take you up on it.
I can't tell you how many cash side jobs I took from clients and their families in the days when I was agency employed. Everyone was always happy with these arrangements.
Why should your wonderful caregiver or you have any loyalty whatsoever to the crappy, unprofessional agency that formerly employed her? Believe me when I say, these places have ZERO loyalty to their caregivers and they offer us nothing. No training (we come pre-trained or don't get hired), no support, and no benefits of any kind.
Before I went private cases only, I screwed the agency every chance I got. Why not? They made a fortune off of my service while I made just above minimum. When I could wet my beak a little bit extra, I always did.
Hire your good caregiver privately and pay her in cash for a year. You won't regret it.
What it looks like is the aide quit and to get around the clause thought by going to another agency you could hire her through them. You could be considered involved in aides decision to go to the other agency. IMO, you will need to terminate her.
I tell you what: if it is a legally binding, enforceable contract I'd go onto forums and Nextdoor.com and warn anyone who will listen to be aware of working with that company. We're in a labor shortage -- it's ridiculous to expect potential employees to sign away their livelihoods like that for a year.
FYI this is a cautionary tale to employees to *never* sign something unless you actually read it first, question it and fully understand it's implications for you. In court, ignorance is not a defense.
I also don't believe you can be prohibited from using another company that "just happens" to have this woman available.
I would consult your own elder law attorney for an hour of their time if this woman is this good and you want to hire her.
If an attorney does tell you that it isn't worth your hassle and possibly ending up in court, then, to be honest, it isn't. For myself, I kind of like to scrap, so I might tell them they are going to be famous if they choose to sue me in court.
And YOU cannot terminate her from care. Your contract is with her COMPANY, not her.
Lawyer letters are a dime a dozen. They are bluffing. But having said that it isn't something I would gamble on if I wasn't willing to make them famous.
It is ridiculous to have this clause for someone who makes not much more than $15.
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