I have a wonderful caregiver that I hire through an agency. It would be financially beneficial to the caregiver and myself to bypass the agency and just hire the caregiver privately. I don't believe this is legal. Would it be legal if the caregiver resigned from the agency?
If you don’t want to take the risk of legal cases, you and/or the carer could ‘buy her out’ from the agency. This might work if your business is all she needs.
Start by asking them if they signed such a contract. If so, then read it to see how long it lasts and what the conditions are. Did you sign a contract? Probably, so read yours as well.
I would say, the only way you may get around this is the aide has to quit and you have to stop doing business with the agency. We have people on the forum who own agencies or have worked for them. They probably know how this all works.