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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 7216
Experience:  Significant experience in all areas of employment law.
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Hello, My Employer is in New Jersey, I leave in New York. Ive

Resolved Question:

Hello, My Employer is in New Jersey, I leave in New York. I've been on a short term disability for a few months and now on Unpaid medical leave before my Long Term Disability kicks in. My question is...Can I look for another job in my present status? If i receive a job offer, can i terminate my present employment without getting back to work?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Good afternoon and thank you for entrusting me to answer your question. I will do everything I can to assist you.

If you live in the state of New York, NY labor law applies regardless of the state in which your employer resides. In the state of NY, employment is presumed to be "at will" absent an express agreement to the contrary, meaning that either employer or employee can terminate the employment relationship at any time for just about any reason.

There is absolutely nothing to stop an individual who is presently on diability--long term or short term--from searching for and accepting a position at another company. This is entirely within the bounds of the "at will" arrangement, provided the employee has not signed any sort of contract which specifically prohibits them from leaving within a designated time frame.

In short, an employee in your circumstance is entirely free to look for other work. Assuming you are an at-will employee, as most individuals are, the employment relationship can be terminated at any time, and it is immaterial that you are out of disability leave when you accept another job.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
Customer: replied 1 year ago.

Thank you very much. Just wonder what would be the rightequence of steps for me in case I receive an offer..Is the below correct? First, get off the disability. Second - terminate present employment, third - accept the offer. Does this look right? Thanks

Expert:  Patrick, Esq. replied 1 year ago.
Len,

Thank you very much for your reply. The precise sequencing of these events is actually not terribly important. As an at will employee, no advance notice of your intent to quit your present job is required. There is also no law against accepting a job while you already have one, or accepting a job while you are on disability (just don't collect disability while you are working, obviously).

Everything can be done in the manner you have described, but there are no regimented steps which you must follow.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Kindest regards.
Customer: replied 1 year ago.

Thanks again. Just a quick one. Will i receive the transcript of our conversation in an email?

Expert:  Patrick, Esq. replied 1 year ago.
I don't believe it will be sent to you via email, but I know it will remain permanently preserved as part of your account. When you log in, just go to the "my questions" tab, I believe, and you should see it there. I am not too familiar with navigation of the site from the customer end, because what you see is different from me, but I do know that our dialogue will be save on your account. The page you need to click on might be called something different but I believe it's called "my questions."

Also, of course you can copy and paste the text from our dialogue into a separate word processing document.

Have a great day and again please let me know if I can be of any further help.
Customer: replied 1 year ago.

Thank you for your help. It was very useful.

Expert:  Patrick, Esq. replied 1 year ago.
My pleasure! Thank you very much for coming to Just Answer. I hope you'll consider using this service again in the future should the need ever arise.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 7216
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 5 other Employment Law Specialists are ready to help you

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