I am a private care giver for the last 7 years general manager has been harassing me and the residents about me working with them. He claims he wants to know before I accept a job to tell him? The clients and their families have been notified and are not happy with him. I by no means have solicited anyone which I already know I can not and he accused me of doing that until the residents and families have contacted him. He is braking the contractual rights of the resident. What should I do.
Why I was wondering was back when my Dad was still living at home his homeowner's insurance asked if he had caregivers. Dad did but they were employees of an Agency that was licensed, bonded, insured and had workman's comp for their employees in case one got hurt on the job. No problem. But if Dad had an "independent contractor" he would have needed to purchase a workman's comp rider.
Most facilities understand the need to allow for caregivers or aides but as Freqflyer said they have been vetted with thier info on file. Some places require independent caregivers to be bonded. It's safety & security that benefits all.
Think about it this way.....say you are doing laundry for Mrs Smith and run back to her IL apt to get dryer sheets, while you were away another resident slips & falls on one of mrs smiths wet towels......who faces responsibility?
You in your own car drive your client, Mrs Smith, and her neighbor, Mrs Jones, to CVS & Target & get lunch....hours later Jones (who has dementia) can't find her wallet & RXs......who faces responsibility?
the GM is the one who is going to get calls & concerns ....he has to be proactive to smooth things out in advance which he is trying to do with you. Work with him, please for the sake of your clients. He holds the nuclear option which could be to require the residents to each do a liability rider insurance policy to have you continue to come into the "community" & work for them.....they & their kids may really like you but may not really, really love you that much.
If there is anything lurking in your past, your household or credit history that could be an issue for being bonded, really work with him to avoid having to be bonded with those items becoming an issue.
Unless you are an atty. or are under the advise of an atty., you probably should not go around saying "he is breaking the contractural rights of a resident".
My Dad was able to bring with him his caregivers to his new residence at Independent Living but the caregivers had to be vetted by the facility management to make sure they were actual employees of the Caregiver Agency and that they were up-to-date with TB testing, background checks, etc. The other residents want to feel safe where they live and know if they see a caregiver that that person is allowed to be there.
Asking that you give notice of when you are scheduled to be in the facility, who you are seeing and having to sign in/out would be prudent security precautions on their part.
But now, the general manager of the facility is requesting that you inform him of who you are working for. Which residents in the facility you are working for. Is that right?
Have you seen a contract from someone who lives there? Someone has shown you their contract from when they moved into the facility? What does it say about the resident hiring outside help?
Before going head to head with this guy get all your facts in order. Don't approach this situation being on the defense. He may have the power to end your working there so you don't want to antagonize him.
And I don't know how appropriate it is to include your clients (the residents of the facility) in on this. If they get involved the whole thing could turn into one big mess and it's not really professional to take this problem to your clients. Yes, it affects them in the long run but until and unless the GM refuses your services keep your clients out of the fray and deal with this on your own.
If you are independent and the clients pay you directly, what is the GM's role in this?
Please explain a little more, so we can reply.