Favorite caregiver is switching to a new agency, can we still use her?

You can change agencies at any time. You just can't hire an agency's employee out from under them. If you found a good worker, do what you have to to keep her. Might be best for you to start by calling the new agency first to let them know you plan to move over to them. They might be able to help you make the transfer AND save some hours for you (would be bad to change agency only to find out she's already assigned to new people)

I own and operate a homecare agency. I worked as an agency caregiver for several agencies for more than 15 years before going private.
A client can cancel a care agency at any time and use whatever one they want. A care agency not have any say over about where former employees go or who they work for.
Once someone gets their last paycheck they are done witht that employer.
Here the aide is working for a different agency so she works by their rules. Not her former employer's.
If she wants to take some side work in cash that's not her former or current employer's business.

You are not hiring directly; you are paying an agency.
A direct hire is when you pay the caregiver directly with cash or a check.

One agency doesn't need to know if or how many other agencies you are registered with . . . although some may have the ... to ask you as this is a very competitive market.

If you stop using the current agency (and switch), tell the current agency you are re-evaluating your needs and will get back to them. You do not owe them anything or any explanation.

Certainly do not waste your money paying an attorney for this.

Gena / Touch Matters.

You are correct; this is not a direct hire. Contact the new agency and may your request. When you have a new agreement, let the former agency know you are letting them go.

TKZMTJ: Perhaps you could pose your query to an elder law attorney.

Its called a "no compete clause" but that usually pertains to the employee. Lets say she quits her job and then comes to you working as a private pay. She can't do this because she is stealing this agencies client. Depending on your contract with the agency, you too could be considered stealing their employee.

I don't see any problem with being able to switch agencies, though, and requesting her. Both of u need to read contracts you signed.

This "no compete clause" maybe on its way out. It started to protect big business taking employees away from each other. Ex: a chemist working for a large Chemical company where his work is owned by that company. He is then offered lots if money to work for another Chemical Company. By taking that job, they are taking their knowledge and knowledge of their former company and giving that knowledge to the new company that is a competitor of the old company. So in comes the "no compete clause". You can see in this situation, that secrets maybe given out.

Why did my daughter need a no compete clause working for a sub-contractor for a Woundcare unit. When the contractor was fired, she was asked to keep running the unit. She couldn't. Did they send her to another unit? No, completely different job. So why the clause. She knew no secrets a Woundcare unit is a Wound care unit. She should have been able to take that job.

It comes down to, we should be able to work for whomever we want and employers should be able to hire whomever they want.

I don't see how there would be a problem with you switching agencies.
You can dump the agency you're currently using any time you want and you don't owe any explanation.
Set up the homecare with the new agency before you drop the old one's service though because you never know. Let your aide get established with the new agency before you go over to them because she may not work out with them.
In the meantime, hire her for a little while for cash pay. Who has to know?

This is not a direct hire. You are hiring another agency. You do not need to discuss with anyone anything else. However, if you have some private thing going with this new agency, saying that you will only work with one of their employees, you may be accused of something. I don't think they would win in court, nor that they would waste their time trying, but they may threaten. You might consider one half hour, one hour of time with an elder care attorney, a phone call would suffice; simply say you have a few questions only.

If you signed a contract with the agency, read it carefully. Most agencies I’ve had, placed a clause in small print that said clients couldn’t steal the aides. Some families figure that they’ll cut out the middle man (agencies) and hire the aide directly, paying the aide under the table and avoiding have to pay agency fees. Stacy122 is right. Often, the contract can also specify a time limit in which you can hire one of their aides outside the agency. Most recently I’ve seen agencies require a “headhunters fee” if a client steals an aide from an agency. The agency figures they’ve invested time, energy, and money in seeking, hiring and training the aide so they want some of their investment returned. This is the case with aides, but I don’t know if hospice has a similar policy.

As Alva said. if you are not bound by a contract, by all means, switch!

We did this with hospice for my mom. Our favorite nurse told us that she was switching to another hospice provider and she took wonderful care of my mom. Mom loved her.

We switched to the hospice provider that she was going to work with so mom could stay with her. She was with mom until the very end of her life. It meant a lot to my mother and our family. She was an incredible nurse.

You are absolutely able to stop using an agency you have hired if you have no contract to use them. You simply tell them you will no longer require their services and give them a date. You need NOT to discuss this with them; remember, they are not your "friends". They are an agency you hired; now you no longer require their services.
You then have the right to go to any other agency you want to go to any time you want to. YOU have no contract with anyone. The woman you like who works for one agency and is now switching is the one with contractural obligations and agreements. Unless you signed something with the agency agreeing not to hire someone who worked THROUGH them for yeah months you have no agreements with anyone, so read your own contract.
You are free to leave an agency and go with another without any explanation.
You will not be able to make an agreement up front that you will go with the new agency only if you can use that certain woman. Always read what you sign, and the same goes with anyone working for you; they should read what they sign.
I am not an elder law attorney, so pass this past one if you feel more comfortable doing so. It was what I was told in the past when my brother needed care.