When is it okay to break a non-hire clause?

There is a non-hire clause in a contract I signed with a home health care agency. The agency is apparently lying to the caregiver and me i.e., charging me extra for holidays but not giving it to the caregiver telling him not to file his

1099, etc. He wants to quite the agency but we don’t want to lose him. I’d like

to hire him independently. Is it possible without the agency coming after me and requesting that I pay them $7000 for breaking the

Asked on March 4, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The fact that they may lying to the caregiver is completely irrelevant to the validity and enforceability of your contract with the agency; it's also irrelevant whether or not they are failing to pay him or her everything they should--if he or she has claims against the agency, he or she can bring them personally. However, nothing in your question would support you violating the no-hire clause or otherwise violating the agreement.


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