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Can I quit while on short term disability??

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  • Can I quit while on short term disability??

    I am in Michigan. I was injured outside of work and have been on short term disability for approx 9 weeks. Prior to that i used up all of my premium time (vacation, sick, comp) before going on disability. My department has been accusing me of doing things that they feel I shouldnt be doing while off of work. Although it is completely false, I do not want to return to this department. Are you allowed to pursue other employment opportunities while on disability and are you allowed to quit before returning to work if you get hired somewhere else? Also, are they allowed to fire you while your on disability if they feel you are overextending yourself even though you have all the proper medical documentation authenticating your injury? Thank you.

  • #2
    You can quit your job any time you like.

    The complication here is that if you're too ill or injured to go to work, how is it that you would be able-bodied enough to apply for other jobs and interview elsewhere? There's no law that prohbits that but if your employer finds out you're interviewing while you're out on disability, they may challenge whether you should still be receiving disability benefits.


    • #3
      True...but it is not the case at the moment.............

      I have not actually physically gone on any interviews. It is possible that a company that I interviewed with previously,(before my injury), may be hiring me in the next few weeks. The doctor is supposed to clear me to go back to work in the next two or three weeks. If the job offer is given to me while on disabililty, can I quit while on disability and pursue the new job when the doctor clears me? Also, can i get fired if they feel like I am going out at night too much with my injury. (It's a broken leg, which completely prevents me from working my job, but doesnt prevent me from going to dinner, or a bar, etc..)


      • #4
        You can quit your job whenever you like, regardless of the circumstances. Barring a bona fide contract for a particular term of employment (and even then if you are willing to accept the terms of breaking it) no law anywhere in this country can require you to remain employed by any particular employer one iota longer than you want to. We abolished slavery in this country quite some time ago.

        The issue is not whether or not you may legally quit your job, but whether or not accepting other employment while still collecting disability benefits from the other employer, invalidates your disability claim. And that is not something we can answer here, not having read your disability policy.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.