If I have a full-time job but on a forced leave of absence, can I accept another full-time job without resigning the first one?

UPDATED: Jan 8, 2012

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If I have a full-time job but on a forced leave of absence, can I accept another full-time job without resigning the first one?

My company is in bankruptcy now and is incorporated in another state. That state took full control of the company. They put us on a 2-month leave of absence while we’re still considered full-time employees. At the end of these 2 months we’re going to get our severance package. If during these 2 months I find a full-time position can I accept it without resigning from the first one?

Asked on January 8, 2012 under Employment Labor Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to review your severance package and you need to ensure you are also not bound to any other agreements like non-compete agreements that would be valid where you currently work. If your severance package indicates you cannot obtain other employment while on the two month leave of absence (I assume you are getting paid), then you may need to seek an exception from the entity who placed you on this leave of absence, which is the state from what you indicated. If there is no limitation, you are free to get other employment and collect from your former employer. You just want to make sure that you do not compromise your position.

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