Can My Client Quit One Agency and Hire Me Through Different Agent?

3 answers | Last updated: Sep 12, 2016
Jennifer's asked...

Hi I work for this agency as a living caregiver and decided to quit the agency. I just signed up contract with different agency but can my old client can hire me through my new agency? My client doesn't like the way that my old agency charges lot of money from her. But new agency is cheaper. My only concern that it'll cause any legal problems or not?

Expert Answers

As Founder and Director of Circles of Care, Ann Cason provides caregiving, consulting, and training services to individuals and public and private organizations involved in eldercare. She is the author of Circles of Care: How to Set Up Quality Home Care for Our Elders.

When you change in-home care agencies, it is not considered good form to take your clients with you. Also, when you were hired, you probably signed an agreement saying that clients you worked for under the agency you have left, cannot hire you for a specified number of months. If you did sign, it is legal and binding. I would not advise violating the agreement.
If you have complaints with an agency, it is better for your reputation if you try to communicate and work out difficulties. Then if you resign, it is best to give notice and honor your agreements. If the agency has treated you badly, it is best to report this to whomever has certified the agency or to the headquarters if it is a franchise. Also, you could try the county services for aging. They may have an ombudsmen. Caregivers are vulnerable to abuse by employers, more so than in other occupations. But in this case, you have not indicated wrong doing by the agency. The fact that your employer does not want to pay the price that she agreed to is not a reason for you to jeopardize your reputation.

Community Answers

Jennifer's answered...

Hi Ann I see, It's just that my client didn't like the way my agency took half of what she paid and gave me the rest. Example if she paid 200$ a day then agency will take the $100 for them. My client thinks its not fair for me to do all the work and agency make benefit on it. Even I think same thing too I do the job and they get half of my pay. It's not fair. She wanted me to work for her without agency so she can pay me all of it instead. I didn't know my agency had bad reputation around so I signed contract and get a job with them. And now I wanted to leave but feel bad for my client. She won't let me go. I worked for her almost a year and I spend more time with her than my family. She does same too. I know it's a job but caring job is physically and emotionally hard job. The new agency I'm going to sign contract with they charge 5% of whatever I made so it's fair for me.

Ann cason answered...

Sometimes when you change agencies, your client could pay a fee to the agency that would solve your legal problems. I think some agencies are aware of the emotional connection between client and caregiver. Lots of people with agencies do have a heart. However, a 50% mark up is too much. If you can't work it out, trust that your client will get another nice helper.