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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17222
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I am a part-time teacher (non-union) and my doctor signed me

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I am a part-time teacher (non-union) and my doctor signed me out due to stress-related medical illness in NJ. My one page contract states either employee or employer give 60 days notice to terminate employment. I do not want to go back to the job at all. Can I give notice while out on medical leave (even though the medical leave is shorter than the 60 days) or asked to be released from my contract. I am using up my sick time now and am not planning on going on FLMA. I just want out. Can they sue me or hold me to the contract. I don't have benefits and so am not concerned with paying back benefit premiums.

wallstreetfighter :

Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.

wallstreetfighter :

This is a common issue,

wallstreetfighter :

In a situation regarding notice, if the contract does not state that a damages penalty would be assessed on an employee who fails to provide such notice, it is unlikely they can sue you

wallstreetfighter :

What you should consider is asking for 12 weeks of FMLA, and once approved send in a notice of resignation,

wallstreetfighter :

this way they cannot claim they suffered any damage by you not providing notice,

wallstreetfighter :

if you do not want to ask for FMLA, you can submit a letter

wallstreetfighter :

stating that due to your illness you would not be able to return to work,

wallstreetfighter :

it would be rare if the employer would try to litigate the matter.

wallstreetfighter :

Especially if the contract is silent on legal remedies if notice is not provided.

Customer:

Should I send the letter stating I will be leaving 60 days from the notice and asking for an immediate release due to medical reasons. I'd like to get another job (probably not in teaching) that would be less stressful and go on early retirement without returning to work (retirement not contingent on my current job)

wallstreetfighter :

That would be fine,

wallstreetfighter :

In NJ, the District would not spend the legal fees,

wallstreetfighter :

to try to sue an employee,

wallstreetfighter :

however the 60 days notice does ensure that they will not provide you a negative reference, if they are contacted by a future employer.

Customer:

Thanks. I also think that that would let them go on to hire someone else since I'd be out for a long time on medical leave.The job itself brought on the stress and I just want to get out of there ASAP

wallstreetfighter :

Yes,

wallstreetfighter :

that would be best

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

Customer:

My observations have been excellent. Would they still give negative reference just becasue of earl termination due to medical reasons?

wallstreetfighter :

They may if you give less than 30 days notice,

wallstreetfighter :

However, they will fear a defamation lawsuit,

wallstreetfighter :

so in most cases an employer will only provide your dates of employment and salary

Customer:

OK. So I can send in resignation letter asking for early release and look for or take another job once they accept the resignation?

wallstreetfighter :

yes,

wallstreetfighter :

you should mention that your medical condition does not allow you to return, in the near future,

Customer:

Thank you very much. This has been driving me even more crazy than the job!

wallstreetfighter :

Good luck, and if satisfied with our service please provide us with positive feedback, thank you

wallstreetfighter and 3 other Employment Law Specialists are ready to help you