Can a home care agency make caregivers sign a non-compete in Alabama?

Restricted. Alabama voids contracts that restrain anyone from a lawful trade except as the statute allows. An employee may agree not to work in a similar business within a specified area for a reasonable time; two years or less is presumed reasonable. There is no wage threshold, so this can apply to caregivers. A contract between businesses limiting hiring of each other's employees is allowed only where the employee holds a position uniquely essential to the management, organization or service of the business, which bears on client no-hire clauses.

What about a client hiring your caregiver directly?

That is usually handled in the client service agreement, not the caregiver's contract: some agencies charge a placement or conversion fee if a client hires a caregiver directly. Whether that clause is enforceable is a contract question, so have a local employment lawyer review it.

What should you confirm?

Alabama courts have historically treated some licensed professionals (such as physicians) as outside the statute; confirm before relying on a covenant with a licensed clinician.

General information, not legal advice.