What happens if you fall ill between your resignation and the end of your notice period?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens if you fall ill between your resignation and the end of your notice period?
My brother recently received a new job offer and submitted a letter of resignation to his current job. Then 2 days later he had a major heart attack. He has a long recovery period ahead. Are either of these employers under any legal obligation to him?
Asked on May 3, 2019 under Employment Labor Law, Massachusetts
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Actually unless their exists some type of written agreement to the contrary (i.e. an employment contract or union agreement), your brother is not entitled to any medical coverage or other benefits from either employer. The fact is that most work relationships are "at will". This means that a business can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). Accordingly, a worker can be terminated or not hired for any reason or no reason at all, with or without notice.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, neither one is under any obligation to him. Employment in this nation is "employment at will." There is no right to a job--whether to start one or have it, or to stay employed as long as you'd like, or to be paid when you are not working or cannot work. So the current employer can terminate his employment immediately, if they choose--they don't need to even honor the notice period, if they don't want--and the new employer doesn't need to give him a job if he can't start work on time.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.