Being paid out of pocket?

Nurses Professionalism

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I recently left my job in homecare for a job in the hospital. I am no longer working for the homecare company, even on a PRN basis, which was an option but I already have a part time job and felt it would make me far too busy. One of the famillies I worked for asked me to come back and cover a shift every once in a while for them and when I explained that I left the company that provided their nurses they offered to pay me out of pocket. I told them I was uncomfortable with that but they continue to ask. I talked to some of my coworkers about it and they agreed that it would be a bad idea and one of them suggested that I report the family if they continue to ask. Do you agree that this would be a bad idea and should I report this family or would that be going to far? And if I do report them how would I go about doing that? Thanks in advance!

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Specializes in Hospice.

What would you report them for and to whom? Hiring a nurse is not illegal.

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Specializes in NICU, ICU, PICU, Academia.

There's nothing reportable. They can certainly pay a caregiver out of pocket if they want to. What you DO need to be careful of is if you agreed to non-compete while you were working for the agency. THAT might be the disqualifier.

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They can ask you as often as they want, but they can't force you to work for them. It is up to you whether or not you want to do this, if there is no non-compete clause with the former agency involved. Nobody can tell you what you can and can not do on your own time. You can call the former agency and tell them what is happening but all that is going to do is to cause ill will for the client. They have a right to seek care for their family member when the agency fails to provide that care.

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Ok, I figured the report them suggestion was a bit extreme, which is why I asked for a second opinion. Say I were to agree to work for them on occasion. Would there be any possible legal issues with that (If I don't have a non-compete clause which I would have to check on)? I would not have any method of charting and I would be passing meds and doing other daily cares that the patient required and if something were to go wrong or something bad were to happen it seems to me like I could possibly get in a lot of trouble. Am I wrong in thinking that? Also would I be crossing any boundaries?

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Conflict of interest had you remained with the agency. No non compete clause, no legal problem (unless something goes wrong, etc. You would only get in trouble if the family chose to take action against you, ((as usual)). You do need in place.) You should draw up a written contract, sorry can't help with that. There might be an example online somewhere. No documentation unless the family requests it and you want to do it. Some families ask you to keep a narrative log in a notebook. Try to get the family to take out the employment taxes, otherwise you are responsible. The employment taxes are the biggest headache that private duty nurses usually encounter. As far as day to day care, follow the instructions from the parent, but if you should happen to see the current care plan, because a parent showed you, that helps.

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Specializes in Psych, Addictions, SOL (Student of Life).
Ok, I figured the report them suggestion was a bit extreme, which is why I asked for a second opinion. Say I were to agree to work for them on occasion. Would there be any possible legal issues with that (If I don't have a non-compete clause which I would have to check on)? I would not have any method of charting and I would be passing meds and doing other daily cares that the patient required and if something were to go wrong or something bad were to happen it seems to me like I could possibly get in a lot of trouble. Am I wrong in thinking that? Also would I be crossing any boundaries?

We can't actually give legal advice here you would have to consult a lawyer for that. Check your original contract. If there is a non-compete clause you would have to adhere to it. Most say something like you agree to not provide services for any client of the company outside your contract. Sometimes this clause extends past you employment. If you really want to do this check with a lawyer and if you get the go-ahead go for it.

Hppy

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