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Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 14511
Experience:  13 years experience in employment law, unions, contracts, workers comp law
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A caregiver is contracted with a home services agency. He switched

Customer Question

A caregiver is contracted with a home services agency. He switched to another agency. The patient that the caregiver was taking care of wants to switch to the agency he is currently in. The contract with the client from the previous agency states that the client "cannot employ the caregiver who was taking care of the patient if they do the would pay x amount of dollars". The client has the right to terminate services anytime. Are there any repercussions if the client hires the new agency that the caregiver is now in? Technically they are not employing the caregiver, they are hiring the agency.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Legalease replied 1 year ago.

Legalease : Hello there
Legalease : Unless the client has a specific contract with the original agency for a certain period of time or that he will not hire another agency, then the client is free to change agencies at any time that he would wish to do so. He simply cannot hire the caregiver directly.
Legalease : It is almost the same situation as when a doctor moves his practice -- his clients are permitted to follow him to the new practice if they choose to do so. Here, in your case, the client is free to change to the new agency
Customer: Ok. The client does not have a contract for a period of time in which they will not hire another agency.
Legalease : Then there are no problems with him changing to the other agency in order to have the same caregiver assist him
Customer: Thank you.
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 14511
Experience: 13 years experience in employment law, unions, contracts, workers comp law
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