Working while on disability

[tmm0721]

What is the name of your state (only U.S. law)? Idaho
I had two jobs, one full time and one part time, and had to go out on STD for major surgery and recovery. I kept my 2nd job while receiving STD. When I returned to full time work, I decided to quit my 2nd job. I was then terminated for working that job while receiving STD. It came as a complete shock and I was totally blindsided. I had no idea that I could not keep my 2nd job, and had no intention of deception or wrongdoing. I am honest with potential employers about what happened, but am finding it hard to find work. I have filed a claim for unemployment, but am concerned as to whether my termination is considerered misconduct. Is this considered misconduct and can I be denied unemployment benefits? Should I reveal my situation when looking for work? I need to work but have no idea what to do now. Any advice will help.

 

[ecmst12]

When you apply for disabilty, you and your doctor are certifying that you are completely unable to work due to your medical condition. If you were working the second job, then obviously you were ABLE to work and so your disability claim was fraudulent. Dishonest/unethical behavior is a VERY good reason to fire someone.

 

[tmm0721]

Boy, I am humiliated. I was not trying to be fraudulent, dishonest or unethical, but obviously, that is what it was. Can my former employer come after me for the disability I received? What about the medical bills that were paid by my insurance? Am I in legal trouble?

 

[commentator]

Interested to see what your unemployment decision will look like. You HAVE filed it already, haven't you? And you are fully released to return to work by your doctor, aren't you?

I have a question. If you were having surgery, and were not released by your doctor to return to your full time job, what on earth were you doing at your p.t. job that you were able to continue doing while you had surgery and were laid up?

Did the second job just let you do it when you felt like it, or was it something you could do from your bed, or did they just let you hold the job till you got out of the hospital and were able to do it? I'm curious. If your second job is digging up septic tanks at night, and you were "too sick" to work your regular job, that sounds a little questionable. But I am thinking it must have been something fairly light, right? With a very understanding supervisor.

 

[ecmst12]

I don't see any problem with the bills paid by your health insurance, but I wouldn't be surprised if the STD insurer starts investigating your claim. We don't know all the facts here of course, but it's not completely out of the question that you'll end up having to pay back the money you received from them.

 

[tmm0721]

Both jobs were very light in terms of work. I was not trying to scam my employer, or intentionally commit any fraud or crime, I was thinking in terms of just making ends meet. I didn't realize that I would have had to quit my 2nd job (being part time not eligible for benefits or leave). My 2nd job knew that I was receiving disability from my main job and restricted my duties. I have filed for unemployment, still waiting for the decision. I thought part of the definition of fraud was intent. I really, honestly did not know. I told my employer this when she terminated me, and that I felt terrible because I never meant any harm or wrongdoing.

 

[ecmst12]

Having no intent to defraud will probably save you from criminal prosecution, but it won't stop the claim from being denied if investigation reveals that you did not in fact meet the medical criteria.

 

[LSchmid]

Without going into all the "at will" issues that have been discussed numerous times in the past regarding termination issues, I do not see how her collecting STD benefits from one employer automatically makes her ineligible to work for someone else. Before you start jumping on me let me explain my thought process...

Without knowing what the two types of work were, I'm going to assume they were different from the standpoint of job requirements. When the EE went off work from her 1st job and had her papework filled out, the doctor was only certifying her inability to work THAT JOB. He was not necessarily saying that she was unable to work ANY job.

In addition, unless the employer has some type of policy stating that employees off work cannot work another job, there really isn't anything there that would prevent the EE from collecting UI.

Now, this whole argument is moot if the EE did the same type of work at both jobs or if she was working at the 2nd job during what would normally be her hours at her main job. I'm just making the point that one does not automatically cancel the other out.

 

[cbg]

It also depends on the wording of the STD policy.

 

[commentator]

Since most of the "third world" states I'm familiar with have no such thing as disability policies, I'm way out of my league here. But having said that, I have in years past, before FMLA, had and seen understanding employers who allowed very ill employees to come in and work in order to get enough time to pay their insurance premiums while on sick leave.

I'm wondering also if the leave policy prohibits any other work, too. If they were both clerical type things, I don't see how the person would have been committing fraud if she did one from home or such. It's the getting up and commuting to work and sitting at the desk all day that she probably wasn't able to do. As I said, I'm very interested in how the U.I. plays out in this one.

 

[cbg]

STD policies, in the states where they are not mandatory, (which is most of them including the poster's), can run the gambit. It could prohibit any work, it could prohibit "like work", it could not prohibit work at all.

Without knowing how the poster's plan is worded, it's impossible to say if the carrier will have any problems with his having stayed on his second job or not.