QUESTION
If I am employed "at will", may I legally resign the day I return to work from disability?
Asked on Jan 01st, 2015 on Labor and Employment - New Jersey
More details to this question:
I have been out for 3 months on disability. Workplace situation was bad and caused my major depression, PTSD and anxiety disorder to become so bad, I had to go out on disability. I will be returning to work on 1/5/2015, but intend to resign that same day as I have actually been out on disability for the same reason twice in 2014 (4 months first time and 3 months second time). Due to the working conditions I will be reexposing myself to, I feel another relapse is imminent. My health is more important to me. I want to go in on Jan. 5th and kindly, thankfully and respectfully resign - no two weeks notice-just leave that day.
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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An employee at will can resign when that employee wants to resign. However, you must be especially careful. The actions you are going to take present two issues because you are coming off disability and you may be presenting issues for your receiving unemployment compensation. If unemployment compensation is not an issue, then you can resign. A third concern is your reputation in the workplace. If you have a history of taking disability and a history of resigning without notice, future employment may be difficult. I would take all of these issues in the consideration before resigning. The long-range implications may be significant. Ed Dimin
Answered on Jan 03rd, 2015 at 6:23 AM