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" risk management " aspects to being the " employer". Perhaps could speak again and consistently with the agency supervisor/ administration and share the good, and not so good with the help they send and get the ones you want consistently assigned or have the agency share with the other less than perfect ones what improvements need to take place for your site of caregiving.
So if you as POA for mom try to hire a worker directly, and the old Agency finds out, they can bill you &/or the worker due to the non-compete. & the workers all flat just chat with each other.
Tends to be a 6 month window after the employee leaves the Agency totally before they can work for an old client. It will get turned over to debt collectors. & as 99.99% of the time these involve folks who own a home they will pay it as they do in NO WAY want it to get to the point of having this go to a judgement with a lien place on the home. Home health agencies like any other type of company (contractors, plumbers, interior designers) that does work on or in your home has this ability should you not pay your bill. It’s a workmans lien and actually fairly simple to place onto a property.
This can work both ways. You can strike (draw a line thru) this part of the contract. & just initial at the end of that paragraph. I’m not an attorney but have done that on contracts and it seems to suffice. Usually they won’t balk as they want the job. Just sayin’.
I, personally, can't figure out why more people don't go this route, protects everyone involved, saves money for the client and increases the pay for the caregiver, win-win, imo.
Bookkeepers (even private ones) are in short supply right now. I can attest to the fact that there are crappy bookkeepers out there so "caveat emptor" (buyer, beware).
Please check the employment laws for your home state.
If I were you I'd try to find 2 good people and give them each enough hours to keep them coming back to work for you. This way you'd have a trained and familiar sub, should the other person call in sick (and hoping that Aid #2 is available at the last minute).
Make sure you have a well-written employment contract.
Make sure that no matter how saintly your hire seems to be that wherever the care is taking place is secured from prying eyes and opportunistic theft (including prescription meds). My family has been there, done that.