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I live in California and I'm currently out on STD for

I live in California and...
I live in California and I'm currently out on STD for depression. My leave ends in 2 weeks.Another employer has contacted me and would like me to interview for a position. I'm very likely to get the job, since I've worked there previously and they reached out to me to see if I was interested.If I were to end my disability on a Friday and start the following Monday at the new place, would there be any legal ramifications? I know there are financial factors - e.g. they can recoup the benefit premiums from the time I was out, but is that their only recourse?
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Answered in 22 minutes by:
9/22/2017
John
John, Attorney
Category: Legal
Satisfied Customers: 5,796
Experience: Licensed and practicing attorney.
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They couldn't recoup any of the amount from you assuming you medically met the defition of disability under their policy. The fact that you decide to work regardless of that disability does not change anything, though you would most probably no longer meet the financial eligibility for disability benefit because you are earning income.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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Customer reply replied 2 months ago
I was under the impression you do have to pay back medical premiums if they are holding your job via FMLA/CFRA. Is that incorrect?Okay, so if I were to "turn off" state disability / supplemental STD on a Friday and begin a new position the following Monday, that would take care of the eligibility issues, correct?

That needs further explanation, because while it's legally possible, it never happens. Specifically under FMLA, they can require repay of medical premiums if it is found you had no intent to return. But they'd a) have to sue you in court and make the nearly impossible proof that you had no intent to return...which you can simply refute by saying you did have the intent to return...so while they may request or even demand return, there's no real chance for that.

The example you gave would take care of eligibility - yes.

John
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Category: Legal
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Experience: Licensed and practicing attorney.
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