Home care company I worked for closed. Can I legally work for the family and not rehire with the corporation?

I don't wish to add another dimension to the level of authority on whether or the OP can work for the client w/o signing a contract with the "head corporation", but I think it also depends on the franchise contract.   There may be a provision by which the franchisee (the closed entity) agrees to turn over all its records to the franchisor (the "head corporation").  

Charrington, was there any mention of who owns the documents produced by the franchisee, the one with which you worked?

I would be surprised if the parent corp did not shortly send out new legal paperwork/contracts to the franchise employees to sign as a requisite for continued employment. Would you continue to work for the parent corp?

So, the former owner is going to be a manager now? So you still will have a job but with the Corporation? I would read your former contract and this one very carefully.

My daughter has non-compete clauses in her contracts, she is an RN. This may not have anything to do with this situation, though.

Just a thought. If you don't sign up with the Corporation, will this be considered quitting? Do the clients carry over to the Corp? This is where you need to read your contracts. Because, if the people you work for are still clients and they drop the agency for you to work for them privately this may not be allowed in your contracts. Its like you are stealing their client. Visa Versa, they are stealing an employee.

Please, this is just a thought. Not saying I am right.

Stacy’s comments are reasonable, including as applied to Stacy. It’s a good idea to read your original paperwork. Unless there is something very clear in it, it may be a reasonable risk just to go ahead with your client. You can’t know the arrangements with the Francise head office and your original employer, even the technicalities of how your original employer ‘closed’. Getting the new arrangements clear in writing is important, including dealing with tax and insurance. But if these old legalities are complicated and murky, the chances of the Franchise head office suing you are probably slim. Like Geaton says, ‘they have bigger fish to fry’. And I can’t imagine ‘Judge Judy’ being too keen on penalising you for wanting to continue caring for a 99 year old who you know well. Legal action is the art of the possible, as well as the letter of the law.

Oh, lord, I see where this is going....lol.

When a franchise is bought by the corporation, it is "understood" employees are retained and the new company is the employer. In all case law, this does not violate the WARN Act or employment contracts. Timing and employment status does, as well as the CLIENT contract.

Who here is going to pay for OPs legal bills? I will not. I do not speak of crap based on a gut feeling of what I think is right or wrong. You guys are costing this person money for no reason.

Learn employment law before commenting on thoughts. Bad advice when you do not know the difference between elder and employment law.

Not necessarily. Two questions:

1. Were you a full or part time employee? In a circumstances such as this PT is a better circumstance.

2. What does your client's contract say?

Read the WARN Act. It may not apply but you could potentially use it as leverage.

What contracts/paperwork (if any) did you sign with the franchise 5 years ago? You will need to read it and work from there. You would also need this info to bring to anyone giving you legal employment advice. If you didn't sign anything that stipulates who you can and can't work for then I wouldn't worry about it. They have bigger fish to fry. But if you do go to work with the same family as a private hire make sure you have a comprehensive employment contract with them for your own protection.

If you are considered a new employee then that means you are not currently an employee of theirs as far as I can see. I would clarify with the current company that your contract with them is null and void. Tell them you cannot possibly sign new paperwork with them unless you have a letter stipulating that your current contract is now null and void. At that point I cannot see any reason that you cannot work on your own. As this is a legal issue, and you don't want legal repercussions, this is truly worth an hour of Lawyer time with an Employment Law Attorney (Thanks MJ, for that) to clear. You never want to accept the word of those of us who are laypersons answering on a forum in place of solid professional advice where it comes to legal suits because of the fact that you may WIN your suit, but the cost of lawyer representation may break you. It could be claimed in court that you are STILL WORKING for the SAME corporation, and that the only reason for your signing new papers is that another group owns the franchise now, but it is still the same franchise, if you get what I mean. It would be just a switching of signatures for those new persons who own the Franchise.
You also need to have someone read that contract word for word. IF it stipulates that you cannot work independently for any person you have worked with through them for X number of years, that may be enforceable by the corporation. That is the sort of language you are looking for.