Schenectady, NY asked in Employment Law for New York

Q: Took a paid leave for an orthopedic procedure, can I quite while on said leave without consequence?

Underwent knee surgery and have been off from work on a paid short-term disability. I received a job offer while on this leave, do I face any repercussions for giving my two weeks after not having worked in several months?

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1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • New York, NY
  • Licensed in New York

A: Are you "at will" which means that an employer may ask you to leave with or without any reason and you may choose to do so at your will?

By repercussions you are not referring to things like not telling your employer or its insurer all of the facts surrounding your need to be gone for several months correct? And you are not referring to not disclosing such facts to your physicians correct? Repercussions often occur when an employee tries to conceal important facts from an employer. An employer can sometimes, some make it a habit, withhold information or mislead employees with no consequences at all. Employees usually can not although looking for another job with discretion is often the best policy.

If you asked your employer to extend your leave and it agreed to do so, relying on facts from you that you intended to return, might not be illegal but they will likely remember that.

When lawyers post answers, which are more like suggestions, on this platform or similar ones, or by email, we limiting suggestions to the facts as disclosed. Sometimes, potential clients insist on email screening by employment lawyers. That's similar to screening employment clients by chat or on FB. Very inefficient and never recommended.

It reads like you might have undisclosed facts which could derail your plans. If that is true, call many employment lawyers. Skilled ones can probably determine whether someone should review documents (i.e. handbooks, offer letters, FMLA or disability applications, noncompetition covenants, repayment of advances or liquidated damages agreements for specified breaches, etc...) for you or whether you are free to go in less than 15 minutes on the phone. Good luck. Your question reads like a material fact might remain undisclosed.

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