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I am currently on FMLA due to a back injury not work

Good morning . I...

Good morning . I am currently on FMLA due to a back injury not work related. My current job is very physically demanding. while on FMLA I decided to seek for a New job that was not so physically and mentally demanding. I found a job and excepted it while still on FMLA. I am still recovering but my new job has no physical requirements and is a full administration job . The HR director from my previous place of employment heard that I was working somewhere else and called my new place of employment HR director to verify if I was working for them or not . My new job allows me to work while I am recovering. My question is did the HR director cross a line by contacting my new place of employment to see if I was working while recovering ?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

West Virginia.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full-time employment no union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have only been out for 4 weeks and I plan to submit a formal letter of resignation with at least two weeks notice. I will more than likely be released from FMLA next week. When I applied for FMLA I told them upfront I would be seeking employment that would benefit me physically so it has not been a secret I have been upfront with everyone that I can no longer physically perform those duties that a change was needed in my career . I just felt that for the HR director to call behind my back was kind of disrespectful when all she had to do was contact me directly and ask . Thank you

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Answered in 9 minutes by:
4/21/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 8,405
Experience: Licensed to practice before state and federal court
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Hello! My name is ***** ***** I am an attorney with Just Answer. I'll be here to help today! Do you mind if I take a moment to review your question?

By the way, the system will automatically ask for a phone call. By no means are you required to accept it.

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The answer to your question is no, it was not improper for your previous employer to call the new one to determine whether you are employed elsewhere. FMLA is a job protection act that makes sure that your employer does not terminate you while you are act for a medically relevant reason. However, the Act does not prevent employers from determining whether you are going to return so they can know what to do with your position upon your return. It was a little intrusive for them to call your new employer and inquire about what you are doing. They could have simply asked you or written a letter to verify whether you were returning to them. However, you need not worry about them crossing any legal boundaries.

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Follow up questions are free so did you have any additional questions? If not, were you satisfied with my service today?

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Customer reply replied 10 months ago
Ok. I also do not want to do anything wrong myself. I have been very transparent and just wanted to make sure that I wasn't doing anything wrong. I feel that I have handled it very professionally and transparently. With that said I guess my question is have I done anything that would cross a legal line ?

That's a great question! The answer is no, you did not do anything wrong. FMLA does not prohibit an employee from working another job while on FMLA leave.

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Legally, you're in the clear. Just make sure that your previous employer did not have some policy against looking for another job while on leave. If that's not the case, then you're free to do what you please.

Did you have any follow up questions?

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Customer reply replied 10 months ago
Good to hear. That pretty much clears up the subject matter for me . Thank you very much!!

The pleasure is all mine! Further up on the screen you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required!

Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 8,405
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 10 months ago
5 star it is! Thanks again. You cannot put a monetary value on peace of mind . Have a great weekend!

You are way too kind. Let me know if you have any additional questions, thanks for using Just Answer! Remember, you or a friend can always click here to ask different questions to myself our Legal Experts. Remember, follow up questions in this thread are free! Have a great weekend!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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