New York, NY asked in Health Care Law for New York

Q: I am a home health aide I have been working after I clock out from my shift from an agency if caught what can happen

It's a form of misconduct and I am pretty sure someone walked past the house and took my picture with their phone that I didn't know

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1 Lawyer Answer

A: It could depend on the policies of the agency and how aggressively they might handle such a situation. The employment law attorneys here would know this best (it's posted under "Health Care Law"), but you're awaiting a response for a week. Until you consult with an employment attorney, the short answer is that an agency could discipline or terminate an aide. While it could seem like an act of generosity for an aide to stay beyond scheduled hours, an agency might see things differently - maybe as jeopardizing established contracts with clients. Good luck

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