Hi: We had hired a home care agency to help my mom. We had to make the decision very quickly about 4 months ago. Mom developed a personal relationship with the caregiver and has hired her. The care giver has quit the agency. We were reading the contract and there is a clause that levies a fine if you hire the same caregiver within 6 months. I am guessing there must be others who have experienced this but didn’t find anything in the search. I am wondering if the agency ever pursued the fine? If so, was it through small claims court? What would evidence did the agency present? This is all new to us and made a rush decision. In hindsight, we think an agency was the wrong decision for mom. Thanks, willywylies

Hi WW welcome in

Honestly its not a bad decision to hire an agency and that is not because I work for one its because they always have back up in a pinch like lets say your cg gets sick and cant come they can send someone else to take his or her place theres also the fact that if something goes missing you can best believe we'll find out just who where and when.
As for the stipulation in the contract...Oh absolutely they will and have gone after people for this not only is the cg at risk if shes certified but you will pay up to (at least in my state) $10,000 if caught.
And I quote:
"The person should not under any circumstances pay the __________ employee"
"It is hereby understood that if the client employs this employee of _________, client is liable to pay based on skill level a range of $5000-$10,000 for purchase of employment."
Now I dont know about you but either losing my licensing with the state or having to pay that out of pocket stops me dead in my tracks from crossing that line.
I know people in agencies you dont have to worry about her blabbing but you do have to worry about her co workers if they find out cause unfortunately thats what I see way too often alot of backstabbing goes on there Ive been victim to this a few times already with my own agency.
Not a good place to be.....

Mom has one agency cg and several private hire cgs. When I first decided to try the agency it was for backup reasons. Several of the cgs they sent at first approached me that they were available "under the table". I was tempted but the agency was very clear BEFORE I ever signed with them about a $2,500 "finder's fee" that they would charge if I privately employed their people.

I never reported the employees, in fact I can understand it in a way, BUT, I have to be able to trust someone with Mom, and that just was not honest. One woman had just gotten her CNA and the agency had paid for her classes on the condition that she would only work for them for a certain period of time. (she wasn't talking about leaving the agency, just some side jobs)

If you had to get help for your Mom at short notice, you did the right thing going through an agency. They aren't perfect and can be a bit pricey, but they do offer some protective measures and some screening that helps. At best they do earn what they charge, but they can be a rip off. Fact, you would probably have never met this CG on your own.

I don't personally know of a case that was pursued but they are within their rights to do so. Small claims court might apply in some states but not all. It would depend on the amount in question . I would guess that it is often settled out of court. Whose signature is on the contract (yours or Mom's)? Who offered the cg a private position (Mom)? Did the cg ask for it before it was offered?

It is not my purpose to alarm you, but I would be really surprised if the CG was clueless about the situation she has put you in, and that causes me to question her good intentions. For both CGs and clients this is probably a standard practice though. Good reason for agencies to go after the fines. This is a contract matter and I am not qualified to advise you how to proceed. Chances are that if you do nothing it will go away on its own, but if you are really concerned (especially if you have any doubts about what the cg has done and why), consider a negotiation with the agency. Realize that you would be hanging the cg out to dry in the wind so if you have confidence in her, think very carefully. Good luck.

Thanks all. For alot of reasons we trust this CG but understand the protections by an agency. The agency has been unpleasant to work with and did not live up to some of their promises. We also found out that the CG got very little of the huge amount the agency charged. I know none of this justifies breaking a contract. However, the CG was just a part time employee (4 hrs per day) and hadn't worked for the agency for very long. I think I better seek legal advice. I'll let you all know how it works out as I'm thinking this can't be a unique situation.

Legal advice is appropriate, but might cost more than buying out the contract.

Nonetheless, an elder care attorney is a good person to know as your LO qualifies. MANY issues can come up. Try to get in touch with one that is fully aware of elder needs. Touch base with one....Maybe your Mom already is in touch with one.... Does she have a will, POA, etc. Don't nickel and dime...go for the gold...

Hun for many reasons I say ride it out dont seek legal advice unless it is necessary you dont want to alert them if they dont know anything you know what I mean.
I know how much NA's make verses what you pay but that is something that should have never been discussed with you or your family.
As an add I have to defend the agency here she had the option of getting more shifts 4 hour shifts are ones that arent taken as readily as 8 hour shifts and yes there are slow periods in our company but all she had to do was call the scheduler....