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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19770
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I have been on disability since beginning of May. I have

Customer Question

I have been on disability since beginning of May. I have found another job. I'm wondering howi should word my resignation letter, and if i will have any implications due to resigning while on disabiilty
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: New Jersey
JA: Have you talked to a lawyer yet?
Customer: I do not see anything in the employee handbook. b/c my employment is at will
JA: Anything else you think the lawyer should know?
Customer: i did when i was choosing to go on disability. the lawyer recommended disability due to my situation and work environment.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 5 months ago.

Hello,

Thank you for the information and your question. Although we can discuss whether or not their are any legal issues raised by you resigning your employment, we would not be able to tell you how to word your resignation letter since we cannot form an attorney-client relationship via this forum, which would be required to advise you on wording of a letter. If you would like to discuss any questions you have about your resignation, please be specific about what you are concerned about.

Customer: replied 5 months ago.
If my employment is at will. and they couldn't fire me initially b/c they wanted to demote me due to disability. so then i was recomended by a lawyer to go on disability to find something else.
there is nothing in the employee handbook that says i have to return any disability.
my disability is set to end 7/2. my new job starts 7/11. i have appt with my psychiatrist tomorrow. should i request her extend for one week, and send letter of resignation for end of employment next friday? do you see any issues with that
Expert:  Marsha411JD replied 5 months ago.

Thank you for your reply. You will have to ask your attorney about any attempt at extension on your disability. However, if you want to resign, you can do so at any time if you are an "at will" employee and there would be no effect on any disability payments you have already received. If you want to receive all of your payments that you are now eligible for, then you can wait until your disability period ends and then submit your resignation to be effective immediately. There is no requirement you give two weeks notice unless you have a contract that says you do.

Please feel free to ask for clarification.

Expert:  Marsha411JD replied 5 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 27th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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