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LegalKnowledge
LegalKnowledge, Attorney
Category: Employment Law
Satisfied Customers: 23971
Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Not sure what category this falls under, We contracted with

Customer Question

Not sure what category this falls under, We contracted with a home care provider for my 93 yr old mother with dementia. The woman they assigned worked out well but left their employ in early September. We worked with the provider and tried multiple care givers that did not work out. My mother was agitated by both of them and one of them was not very good at all. We then worked with some relatives and friends until the woman who was originally the provider, called and asked how things were going. My brother indicated to her that we were having issues and she proposed working directly for us. The fee of course was less than what we would have paid the service and the hours of care were less where as the home care provider had a minimum of 3 hrs. The home care provider owner literally staked out my mothers house to determine that this individual was working for us at this point and in the agreement there does appear to be a "Sole Provider" clause stating that we cannot entice employees away from their company. They now have served us with papers demanding payment in the amount of $15,000 in damages and may take us to court. My mother lives in Illinois. The provider claims I have 10 days to make payment or they will file suit.
Submitted: 15 days ago.
Category: Employment Law
Expert:  LegalKnowledge replied 15 days ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 15 days ago.

Do you know why the women left the company? Also, does the clause you mentioned only state that you can not entice employees away from the company or is there additional language?

Customer: replied 15 days ago.
We do not know why she left the company.
The clause states: Sole Provider. For one year after the termination of this Agreement, you agree not to independently employ or retain or directly or indirectly use through another agency, individual or entity, the services of any of our current or former Employees. You also agree during that one year period not to recruit, induce or attempt to induce any of our current or former employees to terminate thier emplyment or relationship with us.
Expert:  LegalKnowledge replied 15 days ago.
Thank you for the reply. Based upon the additional language in the clause above there would be a breach of your agreement with them because you are independently employing her. As such, they do have a legal basis to go after and sue and recover damages suffered and an injunction, if they wanted, to prevent her from working for you. As far as their demand for $15,000 in damages they need to show that the damage and harm was suffered. Moreover the burden is on them to show this person is working for your mother. At this point you strongly need to consider retaining legal counsel to look over the entire contract and see if you have any defenses and who can try and settle and resolve this for the breach to prevent them from suing you. If you did sign this contract when using the agency it would control so by hiring this women at a later time, within the year time frame could make
You liable
Expert:  LegalKnowledge replied 15 days ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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