Briefly, I have limited funds to hire a 24-hour caregiver for my father. Currently I split the duty with an agency. I learned this agency is taking advantage of its help. One caregiver had to leave us because he was cheated out of hours. The agency also misrepresented tax information. He has been in the US 15 years and is still not a citizen. My situation is that we cannot afford to retain the caregiver agency and time is running out. I am considering hiring this ex-employee. I could pay him what the agency was paying and save a lot of money. I trust him and am not concerned about the bonding/insurance risk of employing him without the umbrella of an agency handling such things. The contract states we cannot hire their people directly. Under the circumstances I have doubts that the agency would pursue it if we hired someone they screwed. I'd like to hear what people have to say, one way or another. It will help me consider everything. Thank you in advance.
I know the Agency that I use for my Dad's caregivers, it states that if that employee leaves and I hire her as an "independent contractor" then I would owe the agency $15k "finders fee".
This isn't usual, as a life time ago I worked as a Kelly Girl Temp during college vacation [yes, this goes way back] and the contract also had a finders fee if a client hired me full-time.
I think your doubts would be misplaced. Hiring an employee directly if the contract provides otherwise is a breach of contract. You would be putting yourself in danger of being sued based on that. Better read the contract and see what the penalties are for a breach. I suspect there might be terms that allow the agency to collect from you what you would have paid for the employee had you hired him/her through that agency.
The employee has probably signed a contract with a similar provision. If the agency sues the employee, he/she would be hard pressed to afford to hire an attorney for defense.
This is not a good idea.
They may not pursue violation charges against you, but could encourage you to agree with your contract. I don't know how they would respond if you didn't. I would say that before you do this to read about what the legal implications may be. It may not be worth the risk for either of you.