Risks of Hiring a Caregiver Privately

Missouri law provides for certain rights to employees who are injured at work. Agencies carry Workers’ Compensation Insurance on all of their employees that cover any liability of injury or lost wages incurred by employees who may be injured on the job. Caregiving can be back-breaking work resulting in pulled muscles, damaged shoulder ligaments from lifting, slip and fall injuries and hard-to-diagnose back injuries. Most caregivers are well-versed in their rights should they get hurt while caring for a patient. Families who hire a private caregiver off the internet often find themselves exposed to civil lawsuits brought by employees who are injured during work. The ugly underbelly of worker compensation claims and civil lawsuits is that in many cases it cannot be determined whether the injury (i.e. back pain, shoulder pain, etc.) actually took place while the caregiver was working. Injury liability and lost wage liability is a huge factor to weigh when deciding whether to use a home care agency or hire privately.
Supervision – It is not uncommon for families with private caregivers to have unwittingly allowed for diminished professional boundaries with their caregivers, usually because they don’t want to have a confrontation with a caregiver. Private caregivers can seek out families without nearby relatives and can easily monopolize and manipulate the elderly patient to get the outcomes they prefer. It can happen easier than you may think. We have multiple field supervisors that check in on our patients on a monthly basis, sometimes weekly at the start of services, to ensure all expectations and needs of our customers are being met. Supervisory visits are typically scheduled, but we also ‘stop by’ unannounced, during shifts, with donuts or coffee just to chat for a few minutes and ensure quality (this practice has proven effective at keeping honest people honest!) Our agency has a Telephony system with verified GPS clock-ins, so we know exactly when and where our caregivers are, at all times. The amount of redundancy we have in our processes keeps our customers safe and ensures an excellent experience.
Drug Screens–As of 2023, Sutton Home Care is still the ONLY agency in town that screens all employees for drugs (prescription or otherwise) at the time of employment AND during employment via random drug testing. The number of job applicants that cannot pass a drug screen for illegal prescription drug use would shock you. In the United States, we have a pandemic of illegal narcotic drug use that cannot be ignored. These people prey on the elderly, especially hospice patients with lots of end-of-life drugs like fentanyl or morphine. Over the last 10 years, we have gotten fairly adept at identifying people with scrupulous motives, but it can be very difficult to spot, which is why drug screenings are a necessity. We have protocols in place for situations involving customers who have been prescribed narcotics that help limit the risks of prescription drug theft.
Overtime law – Federal law requires employees to be paid overtime for any hours over 40 hours per week unless they are salaried employees earning at least $47,476 per year. Ignoring this law opens families up to civil lawsuits for unpaid overtime wages. Hiring an agency with huge resources ensures that you have access to multiple high-quality caregivers which will prevent those overtime hours.
Tax Withholding – Unfortunately, many caregivers accept some government assistance such as health insurance subsidies, food stamps, etc. If a private caregiver is collecting unreported ‘cash under the table’ AND accepting government benefits, they can be charged with fraud. Many government agencies have an annual certification process that can create an audit liability for both the caregiver and employer.
Missouri law requires employers to withhold the employee’s taxes AND match the employer’s portion of tax contributions. State law also requires employers to pay into the state unemployment fund. Federal law states that employees are to be given payroll stubs of withholdings and time off in accordance with the Family and Medical Leave Act.
In bringing this closer to home, recently we interviewed a caregiver that had years of caregiving experience and great references. Through our extensive background checks conducted across a number of state AND national systems, it was discovered that this caregiver had multiple frauds, arson, and felony charges in various states. These are things that will not show up on a simple search in Missouri Case Net. Unfortunately, those patients or family members in search of a caregiver can become vulnerable to individuals posing as a caregiver whose purpose is to steal medication, cash, jewelry, and other valuables from them. Warning: These people do not come to the interview in a ski masks. They usually show up dressed for the part!
** It can be easy to overlook one of the most basic questions that must be considered before hiring a caregiver ‘under the table’….How honest and reliable can this person be if they are intentionally seeking out employment “under the table” to avoid paying income taxes? Are there judgments they are avoiding? Why do they even have a judgment? Are they intentionally avoiding supervision? Do they not get along well with others in a team environment? How am I going to supervise them?
Most caregivers are amazing, selfless people and do what they do because they feel called to the job by a prior life experience or simply see the need. Let us ease your mind. A professional home care agency offers the protection needed to keep you and your loved ones safe, engaged, and happy! Call us today and tell us about your needs.