Need advice about working privately for family

caliotter3 · Mar 18, 2010

You should have a written contract. You definitely need malpractice insurance. You will be taking chances with these people. Have you worked for them? Do you trust them? Best to keep a side job with an agency, because things may get unpleasant and you may decide this situation is not for you. They should be paying your employment taxes. If they fail to do so, you are responsible.

DoGoodThenGo · Mar 18, 2010

Also you need to find out if as a LVN you are able to work "alone" or are required to be under a RNs license for the types of treatments and care provided. Most agencies are founded and or run by RNs, or at least have RNs on staff so in theory all CNAs and LVNs/LPNs are working under that RN's license.

Who is going to assess care? What are your or your client's options if either things hit the fan, or you are pushed (knowingly or not), beyond your scope of practice? Or, without an agency to spell out what your exact duties are, and stand in should things on the ground change, what will happen if the family turns around and turns you into a housekeeper/nurse/nanny/ drudge?

Finally as one who did agency work (as a NA, but still),every employment contract one signed with a nursing registry/agency spelled out how long one had to wait or even if one could be employed directly by any client one had worked or was working for via the agency. Violation of this rule could lead to civil court awards. Remember the family you work for is the agency's client, not yours. By cutting a "side deal" so to speak you are taking a customer away from this agency, and they might not like it one bit.

SlightlyMental_RN · Mar 18, 2010

Finally as one who did agency work (as a NA, but still),every employment contract one signed with a nursing registry/agency spelled out how long one had to wait or even if one could be employed directly by any client one had worked or was working for via the agency. Violation of this rule could lead to civil court awards. Remember the family you work for is the agency's client, not yours. By cutting a "side deal" so to speak you are taking a customer away from this agency, and they might not like it one bit.

Yep, as someone who just signed a 2 year non-compete clause, I can verify that is very true.

allnurses Guide · Mar 18, 2010

Are you taking care of both brothers? Then you should be paid for both. How are the parents going to pay you? What kind of insurance to they have? If the state pays for any part of their care you need to find out how many hours of Skilled Nursing they are alloted each month, and California doesn't pay for a family to directly hire a nurse. No, it isn't legal for them "to be their own agency". California in the past allowed patients to hire their caregivers (unlicensed). They've tightened the law up quite a bit now because of fraud and abuse in this system.

Don't even consider it without a lawyer who specializes in this type of law. I did have a co-worker(LVN) a while back who took a private job like that. They paid her out of pocket and bought her a health insurance plan, but I doubt if either party researched the law on it. Best wishes!

caliotter3 · Mar 18, 2010

The typical penalty for breaking the employer-employee relationship with the agency to be employed by the agency's former client is $2500 for you as well as $2500 for the client, payable to the agency. This, or another liquidation penalty based upon your yearly salary, is usually included in the client's written contract with the agency. Many agency's have their nurses sign an agreement stating this when they are hired. You are prohibited from working for the client for a period of one year after you leave the agency without being liable for the penalty. Regardless whether or not you and the client pay the penalty, if you take business away from the agency, you will have ruined your reputation with them.

Instead of receiving $23 an hour for taking care of one patient, are they offering you $46 an hour for taking care of both? Since the middleman agency is now removed from the picture, how much of an hourly raise will you be receiving? This case is a recipe for taking advantage of you. Think twice.

Holly041987 · Mar 23, 2010

Thanks everyone for your replies. I know a lot of people mentioned a fine/penalty for working for them however I do not work for the agency that they are contracted with now. I do work for another agency and am very aware of the consequence. Will their current nurses break this rule? I have no idea and do not want to know. I really appreciate these comments because now I know exactly what to ask. I have all these concerns but didn't exactly know how to form them in to questions. I also know for sure that they will be taking taxes out and I will fill out a w-2. A 10-99 is off the table.

belgarion · Mar 23, 2010

Make sure they have insurance that covers you in the event you are injured on the job. A simple trip or fall could put you out of work for days, weeks, months, or forever. If they don't have the right insurance you would be on your own.

Altra, BSN, RN · Mar 23, 2010

If you were seeking agency work would you have any reservations about working for a brand new agency without a track record?

You might want to consider the same about this family who suddenly wants to "agency-ize" themselves.

It may work out but there are many, many risks here ... and the family seems unsatisfied with their agency/private duty experience to date. This should be a strong cautionary red flag for you.

Please take care in this, ask detailed questions, and have an experienced attorney involved, at your own expense. If you are unable/unwilling to pay the expense of an attorney who is looking out for you, please reconsider this entire situation.