I hired a home health care agency to provide aides for my mother. One of the aides we like wants to leave the agency and start her own home health care business. As part of the contract with the current agency, it says we cannot hire one of their aides for up to a year after we terminate the agreement. How enforceable is this? If the aide incorporates, would switching from one agency to another agency get around the non-compete even if it is the same person providing the care?
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