Topics covered:

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1. Client/Caregiver Discrimination Issues

Can an agency honor a client’s request to avoid assigning certain “types” of caregivers? Some real-life examples:

• Can a client state that because of his religious beliefs, he doesn’t want a caregiver that is a homosexual coming into his home?

• What about smoking? Can a client request a caregiver who doesn’t smoke? Can a caregiver request not to be assigned to a smoker’s home? 

• Can a client request that caregivers with visible tattoos not be assigned to their home?

• Can a client request a female or male caregiver?

• How should an agency handle a client who refuses care from an African American, a Latina, a caregiver wearing a head covering (for religious reasons – a Muslim, a Mennonite, etc.), or having other religious beliefs that they do not align with. 

  •  Does the agency have to get a replacement?

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How can an agency best avoid workplace discrimination charges when taking into consideration client preferences?

• Specific example: A client discriminates against a home care worker (HCW) and the agency immediately removes the home care worker. Could the HCW file a complaint with the Department of Labor because the client is discriminating against them? 

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2. Employment Classification

What are the legal requirements and implications of classifying someone as an independent contractor versus an employee in home care.

 

What are the main distinctions between independent contractors and employees? Can a person in a management role still be an independent contractor?

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3. Direct Hire and Do Not Compete Clauses

How do Direct Hire Clauses/Do not compete clauses work in practice? What are the core elements to ensure a strong clause? How effective are they?

 

4. Employee Termination 

What are best practices for firing an employee-- what documentation is required to protect the employer?