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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5565
Experience:  Exclusively practice labor and employment law.
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I have been out on short-term disability he surgery.

Customer Question

I have been out on short-term disability he for me surgery. While out I saw that my company advertised my job. I found another job that's not full-time like my old one was but part time, that would not be as intense on my knees. I assumed when I gave notice to the Old job might spill the benefits would end. I gave notice on 518 to start my new part-time job on 519. I got an email from my old company telling me that my disability has been approved through June 12 and therefore I would still get my paycheck through June 3. Is it illegal for me to take pay from the new employer even though it's part time, while collecting The disability payments from the old job?
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

It's not illegal to accept pay or disability benefits from the old employer even though you found another job. In your situation in particular the "disability" as defined by the disability policy means you are physically unable to do your current job.. That remains true and what they are stating is they already pre-approved (or pre-certified) that you will be disabled until the 12th. What that means for you is that you'll get benefits until that date regardless of anything because they made that determination. You are essentially collecting on the contract until that point. There is nothing illegal (or a misrepresentation) about you going and getting another job that is less demanding while you collect benefits.

Expert:  John replied 1 year ago.

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating. You have already been charged the full amount for your question. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. Otherwise, the website does not credit me with answering your question. Thanks.

Expert:  John replied 1 year ago.

Sorry to bother you, but you haven't yet provided a positive rating for this answer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit and I get no credit for the work I put into the matter. Thanks.