When can I terminate a caregiver?

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When can I terminate a caregiver?

My husband’s caregiver of 17 years has given notice that she is moving out of state. She initially gave us a that 1 year notice. Now she said she will be leaving 5 months earlier. I have started looking for a replacement as I thought it would take awhile to find one. However, I actually found a new caregiver and I don’t want her to accept a different job if she has to wait for another 6 months. Can I tell my current caregiver that I found a replacement who I want to hire now? A friend told me that in our state you can terminate employment with no legal recourse.

Asked on July 13, 2018 under Employment Labor Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The fact is that when a worker gives notice, an employer need not honor it. They are not legally obligated to do so. That is so long as there is no union agreement or employment contract to the contrary. Otherwise, in an "at will" work relationship an employer can set the condtions of work much as it sees fit (absent some form of legally actionable discrimination).


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