Thinking about hiring a caregiver directly instead of going through an agency? Here’s a risk many families overlook: skipping the background check.
When you hire someone directly, you’re legally their employer — and that comes with a responsibility called “duty of care.” If that caregiver ends up harming your loved one and it turns out you never ran a background check, you can be held liable under a legal theory called negligent hiring.
This isn’t rare or theoretical. Courts have awarded families millions of dollars in these cases — and when it goes to court, the employer loses the majority of the time. Judges ask whether a reasonable background check would have caught the problem. Skip that step, and you likely won’t have much of a defense.
Agencies don’t get to skip this. Background checks are required to maintain their license, and when the licensing board audits an agency, caregiver files are the first thing they review — every check has to be current and on record.
We’re not saying this to scare you away from direct hire. We’re saying a background check isn’t a formality — it’s often your only legal protection if things go wrong.
Questions about vetting a caregiver the right way? Reach out — we’re happy to help.
