Legal Question in Employment Law in New York

I am currently out on an LOA for a back injury

I have been out on an LOA for a back injury almost 9 weeks. As I am a nurse manager, I receive 8 weeks sick time. I will soon start on my short term disability . (My job sent me a letter of termination, but quickly called to rescind when they came to find out that the problem came from the insurance carrier and not myself. They also ''forgot'' to pay me twice.)

My problem, besides the back pain? I have been employed at my facility for 12 years. The thought of them firing me with a certified letter, without warning, has really angered me. 9 weeks off had given me alot of time to think, before the letter of termination. The stress of my job is just not worth it to me anymore.

What do I do and still abide by the law? I don't want to go back when this injury finally subsides (or I have surgery). Is it legal to pursue another job while on short term disability? Even if it is just sending out resumes?


Asked on 10/24/06, 10:06 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

Re: I am currently out on an LOA for a back injury

It's up to you if you want to look for another job. There's nothing wrong with sending out resumes. I help people in situations like yours to negotiate severance packages. That way you could get paid to leave your job. You should never quit a job if the employer is looking to fire you. That saves your employer a lot of money. If you need my assistance, you may contact me via email. Good luck!

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Answered on 10/25/06, 5:30 pm


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