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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1953
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I have been out on STD by way of a Worker Compensation claim

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I have been out on STD by way of a Worker Compensation claim since 8/29. Prior to that, on 8/7, I interviewed with another company and just found out I've been selected for the position. My doctor will be releasing me to return 10/7 with no restrictions, and my new employer has given me a start date of 10/13. Can I give notice prior to returning to work? I'd like to give 2 weeks, but I don't want to jeopardize payment for next week 9/29 - 10/5.

Brandon, Esq. :

Hello, my name is XXXXX XXXXX it will be my pleasure to assist you today. My goal is to provide you with excellent service. Are you online with me today?

Brandon, Esq. :

Are you a for cause employee or an at will employee?

Customer:

at will

Brandon, Esq. :

You can give notice without returning to work, however, as an at will employee your employer can choose to terminate your employment. While your employer is not allowed to retaliate against you for filing a workers compensation claim they can state that they do not have to honor the two weeks.

Brandon, Esq. :

The reason to give a two weeks notice is to get a good recommendation for a future employer.

Brandon, Esq. :

In your situation, you may want to consider simply telling them that you are no longer going to be able to come back to work.

Brandon, Esq. :

If you want to put them in the best possible place, you can inform them that you are unsure if you will return and can give them an exact answer on the 7th when you find out more from your doctor.

Customer:

Since I'm already hired. would it be in my best interest to just give notice upon my return?

Brandon, Esq. :

Yes it would.

Brandon, Esq. :

Because then if you do get fired you will not be without pay

Customer:

OK! thanks for the answer to my questions.

Brandon, Esq. :

Not a problem. Have I fully answered your question today?

Customer:

Yes, and I'm satisfied with the feedback!

Brandon, Esq. :

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, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Brandon, Esq. :

Have a wonderful rest of your day.

Customer:

you too

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