If I am a CNA and I have a patient that wants to hire me as a private hire nurse, can they do that without getting in trouble with my agency?

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If I am a CNA and I have a patient that wants to hire me as a private hire nurse, can they do that without getting in trouble with my agency?

They are afraid that if they do the agency that I am working for will fine the both of us.

Asked on November 20, 2011 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The agency can only seek monetary damages from either you or the patient if you signed some agreement giving the agency the right to do this. So if you have a non-competion or non-solicitation agreement with the agency, that is enforceable, and the agency can sue you for breaching it. Or if the service agreement, etc. signed by the patient says that he or she cannot directly contract with the agency's nurses, that agreement could provide the basis for legal action.

However, the agency could of course fire you for doing this, even in the absence of a non-competition or non-solicitation agreement, if they become aware of it.


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