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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16627
Experience:  Experienced Licensed Attorney
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H, I hired a caregiver for my Mom through a Home Service

Customer Question

JA: What state are you in? It matters because laws vary by location.
Customer: Hi, I hired a caregiver for my Mom through a Home Service Agency. There is a non compete clause indicating I will not hire her for similar services for one year during or after termination. She is wanting to seek other opportunities for more money. The Agency will not pay her any more. Can I pay her an extra $25 a day, or is that breaching the contract? I am in illinois. Thank you
JA: Has anything been filed or reported?
Customer: such as ???
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 9 months ago.
Category: Legal
Expert:  Alex J. Esq. replied 9 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Unfortunately, generally, hiring the caregiver who was employed by an agency with which consumer has a non-compete agreement, would in most cases constitute the breach of the non-compete clause and can subject consumer to legal liability based on such breach.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Expert:  Alex J. Esq. replied 9 months ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

Customer: replied 9 months ago.
I am not trying to hire her privately, I just want to pay her an extra 25 dollars a day in addition to what the Agency pays her. Does this constitute a breach of the contract?
Customer: replied 9 months ago.
You did not address the original question, why do I need to pay more to get you to do what I already paid you for. Please answer the original question.
Expert:  Alex J. Esq. replied 9 months ago.

Thank you for your follow up.

Yes. Paying any money to the caretaker directly and not through the agency would generally be the breach of the non-compete agreement.

I wish you the best of luck!