Posted on Monday, June 17, 2019 3:20 AM
Buried deep in Connecticut’s proposed budget, is a provision that could make it illegal for home care agencies to use non-solicitation clauses when hiring new employees. The provision, which applies to homemaker, companion and home health services, would no longer be able to prevent caregivers from poaching their clients.
The current standard is a six-month non-solicitation clause in employment contracts to prevent employees from working for a client on their own who they were matched to by the agency. It also prevents the caregiver from moving that client to a different agency. This new provision leaves agencies without any recourse if a client and their caregiver decide to work together without the agency.
“Home care companies invest much to bring a home care aide to a level of competency and trust sufficient to place in someone’s home,” says NAHC President William A. Dombi. “To allow a client and caregiver to bypass the home care agency without consequence once a relationship is established will create a high risk that home care becomes a bad business. That will result in an additional barrier to care in the home. Prohibiting a reasonable non-competition agreement between a home care employer and employee is not good policy for care in the home.”
Home care agencies in Connecticut have banded together asking the Governor to veto this provision.
Source: NAHC Report
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