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Help

KH330

Junior Member
#1
I am currently in STD and am cleared to return next week, however I got offer a new positions with another company.
I have read your guidance that I will not have to pay back my Std payments if I do not return, which is putting my mind at ease however I am concerned that if my new employee checks my date of employment they will find out i was on STD or evem worse gice the date that I went out which was December 12, 2017. I do not want them to know I was out on leave and though HR. was only allowed to give dates of employment and title. Granted the offer is contingent on background checks and drug test which is no problem except I never told them I was on leave.
I could possible go back to work 4/11 and the. Give my notice as my proposed start date is 4/23 so i do not think I am doing anything illegal by signing the acceptance letter. Is this correct? If they verify my employment can they tell them I am out on Std? Also i went out in leave due to family issues, workplace burn out, major depression and also have a auto immune disease and was having a flare up due to huge amount of stress. My dear of going back for 2 weeks is that it is not good for my physical and mental health. I have worked their 7 years in the state of New Jersey. 2 yrs ago I was when I was dianosed with the auto immune disease and was severely I'll for 10 weeks. Once I went back my boss was never the same and harassed me due to my illness. I really need to move on, however I don't want them to make me pay back my benefits(which I know you said i dont need to) and I am worried about them telling my new potential employee about my Std.
Sorry for ramblings I am just very concerned.
If I tell them I am cleared to return next weds and even go back until the offer is official I think I will avoid any payback and get my vacation days. I was to going to habe my doctor write me back to 2 weeks on light duty then give my notice. Hopefully they accept. So many variables, my fmla is up and they could potentially fire me once I state I am cleared whoch would be best case for my situation but i dont think they want to risk any wrongful termination due to my preexisting conditions.

Thank you so much for any guidance and advice
 

Taxing Matters

Overtaxed Member
#2
I am currently in STD and am cleared to return next week, however I got offer a new positions with another company.
I have read your guidance that I will not have to pay back my Std payments if I do not return, which is putting my mind at ease however I am concerned that if my new employee checks my date of employment they will find out i was on STD or evem worse gice the date that I went out which was December 12, 2017.
Why does it matter if the new job finds out that you’ve been on short term disability (STD) since 12/12/2017? Did you lie to the new employer and tell them something about your work situation that was not true? There is a difference here in simply not telling the new employer about it and lying to the new employer. If the new employer didn’t ask you if you were still on the job at your current employer you had no obligation to volunteer it. But if the new employer did ask and you gave the new employer a false impression, that could hurt you.

I do not want them to know I was out on leave and though HR. was only allowed to give dates of employment and title.
In most states there is very little restriction on the information your employer can give out to others about your employment. A lot of people seem to be under the false impression that an employer may by law only give out minimal information like your dates of employment and position. Perhaps that’s because they have worked for an employer who had that sort of policy or knew of an employer who had that kind of policy and assumed it was required by law. It isn’t. Your current employer can tell the new employer that you have been out of work since 12/12/2017 and pretty much anything else the employer wishes to tell your new employer about your employment. There is one major exception to that, however. Under the federal Americans with Disabilities Act (ADA) the employer cannot disclose certain medical information it has about you. Some states provide even more protection for medical information, but you did not indicate the state in which you work.

For future reference, please do not tag your questions onto the thread that another person started. Start your own instead. It helps avoid things getting confusing in a thread.