Submitting Resignation Upon Medical Clearance After Long Term Disability

[km03240211]

Massachusetts -

Hello,

I have been out of work since last January (2016) due to a neurological disorder. I was on short term disability, then subsequently on LTD. Two weeks after my FMLA, I recieved notification from my boss (via phone), that she was not holding my position. She stated that my job could not be left open for an undetermined amount of time, as I was unsure of when I could or if I would be able to return to work. She then said some negative comments to me, which were all but bullying. This was the mentality even before I was out on leave of our "team". When I spoke to disability services, I was told that when I was able to return to work, I would need to work with recruitment to find an available position. I would have two weeks to work with recruitment. If there was no open position, I could file for unemployment. Over the past few weeks, I have been looking elsewhere, as I will be cleared by surgeon to return to work beginning March 1.
My question is, what if anything do I owe for a notice? I was told that will I am still technically still an employee of the company, I am a displaced employee. I have been offered a position with another organization, and accepted. I will let the insurance company covering my LTD know, and they have also said I am well within my rights. I just don't know what to tell the actual company. Do I tell them about the negative comments said, or do I just leave it alone? I think it is critically important to understand why there is such a high turnover on said team, but also just want to move on. Thoughts?

 

[cbg]

All you "owe" is, "Sorry, I will not be returning to XYZ Company" which you can give them at any time you feel appropriate.

The rest is up to you.

 

[commentator]

After many years with employment related services, I am going to give you some strong advice here. In the future, starting now, do not say anything at all about this employer, to anybody else in your career path, that is negative.

First of all, there is really no big issue such as as "workplace bullying" and you need to get that out of your mind that you were treated badly or in any way illegally just because your very bad supervisor (which it sounds as though they really are) took the opportunity to massage his/her ego by saying nasty things to you as you were being let go.

They're not obligated to be nice to you. And I am afraid this attitude and the legality of this attitude is not going to improve in the American workforce any time soon. I have seen lower level managers and supervisors do this to people, even when worksites were closing, when it had nothing to do with the reason the person was leaving, to say mean things to the worker, try to undermine their self confidence, tell them they'd done a lousy job. Hint, do not use this person as a workplace reference!

But under these circumstances, where you have already been told that your position will not be available for you if you return, and that you are to work with their "outplacement services" and then will be considered unemployed (which incidentally, they do not really have any say about whether you get or not) I would not tell them anything until I am officially released by my doctor and I was about to go to work at the new job. At that point, you very briefly notify them you are not returning to work.

You do not need to give the employer notice you're not returning. But do not tell them before you need to. If you call them up and tell them you're quitting, that you do not want to come back to work, and then for some reason the new job does not come through, you will have quit the job, not been terminated by the company, and you would be much less likely to be able to draw unemployment benefits.

Hopefully, this will not happen, you'll go straight to this new position you've accepted, and you will be able to say a final farewell to this former company without ever applying for unemployment benefits. I've lived long enough to see though, that sometimes even jobs that have been accepted do not work out, so resist the impulse to burn your bridges with this very bad company by telling them ' You can't fire me, I quit!'

Being terminated by having your position taken away/refilled while you are on disability leave (and no longer on FMLA) is a very common reason to leave a place and happens all the time. It is quite likely you'd be eligible for unemployment if this happened and you had not found another position. So it's good you have gotten another job, but do not, as I say, burn down the bridges just yet.

As for "it is critically important (for higher management) to understand why there is such high turnover in this department" THIS IS NOT YOUR JOB any more, okay? You don't work there, it's not critical to you anymore, you're not going to have to deal with it, you don't need to take up defending the rest of your former co-workers. Let them move on too. Resist the impulse to pay back this evil person by slamming them to higher ups in the old company. Everything that happens at your old worksite for the next six months or so will probably have been your fault anyhow, and they are now free to trash you fully to everyone around. It won't matter. It's legal. And it doesn't help you a bit to vent as you are leaving, it will be ignored, and you garner yourself some bad emotional karma by keeping the situation in your mind.

What to do (and I'm sure your employment coach is telling you this) is look back on your employment with this company and gather up all the positive skills and experiences and feedback you were able to have due to your work there for listing on future resumes, and move on. Years from now, when you have worked many places, you'll be able to look back and be glad you didn't waste any more mental energy on this particular situation and this particular workplace. Good luck in your future.