No-compete clause

[landrover]

I have a long-time attendant who works for an agency, but for another client she works for, is hired through the consumer-hire option (PPL). PPL pays approximately $2/hr more. I also have attendants hired privately through PPL. For monetary benefits, and for the benefit as under a private hire having the ability to perform a bowel program, we've discussed me hiring her under PPL. She is concerned about there being a no-complete clause, but they have not forwarded a copy of her contract despite her requests. She and I have been with the agency for approximately 4+ years.

[gjnl]

I have a long-time attendant who works for an agency, but for another client she works for, is hired through the consumer-hire option (PPL). PPL pays approximately $2/hr more. I also have attendants hired privately through PPL. For monetary benefits, and for the benefit as under a private hire having the ability to perform a bowel program, we've discussed me hiring her under PPL. She is concerned about there being a no-complete clause, but they have not forwarded a copy of her contract despite her requests. She and I have been with the agency for approximately 4+ years.

I just went through an agency for an attendant for a 2 day assignment while NL was recovering from cataract surgery. The no compete clause was in the paper work I signed when I registered with this agency. Have you checked anything you may have sigbned 4 years ago?

[landrover]

I don’t recall ever signing any paperwork.

Also, my argument is that they are not providing a similar service. The agency aides cannot perform bowel programs, while those I hire through PPL can.

[gjnl]

Why is PPL? What is the agency you have hired though? There could be many cross purpose contractural issues that either you signed or your caregiver signed when he/she signed up with the agency. Not to be ignored.

When I was signing with an agency for a very short term contract, I was told that only a Register Nurse or a Licensed Practical Nurse can do a bowel program and then only with a doctor's order.

[metronycguy]

isnt the no compete clause for the employee only , not the employer. Only the aide may have signed a no compete clause, but without them having the hiring contract paperwork , you cant tell

[gjnl]

As part of the Terms and Conditions, I signed with a particular agency, Term 6.0 states:

As the client, or an authorized representative, in signing this document, I understand and agree to the following:
6.0 Hiring Process: If I choose to hire a (name of agency redacted) employee (defined as an employee or former employee who has rendered services for me in the past 6 months) directly before I have used (name of agency redacted) services for a period fo 12 months, a fee of 30% of full time (2080 hours) at the employee's bill rate will apply. After 12 months, the fee is 15% after 18 months, 12% and after 24 months 10%.

So the employee may have or may not have signed a no compete clause, but the client would be subject to this penalty fee structure if the client hires an agency employee within the time frames mentioned.

[metronycguy]

thanks for clearing that up. So landrover definitely needs to find his copies of the docs he signed, and if he doesnt remeber signing any he needs to send a letter requesting the original employment contract via certified mail signature and return receipt requested to the appropriate people . If they do not reply follow up with a fax to remind them, or maybe a phone call, maybe that will prevent them from collecting. Another thought , if you terminate service with this company , how can they collect the Monies, they would have to bring you to court,