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layoff and workers' comp
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layoff and workers' comp
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We are planning to lay off an employee next Monday. He starts his day today complaining that his back hurts, then tells us he will be leaving work early to have a doctor check it out. Business has bee
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Forums » Topic Forums » Legal Forum » layoff and workers' comp
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layoff and workers' comp
posted at 11/25/2009 7:50 AM EST
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Posts: 58
First: 10/17/2006 Last: 9/13/2011 |
We are planning to lay off an employee next Monday. He starts his day today complaining that his back hurts, then tells us he will be leaving work early to have a doctor check it out. Business has been slow and we have had several layoffs over the last few months. The decision to let this employee go was made in September. We have email and other records to support this. We are concerned of course about workers' comp discrimination, but we flat out do not have enough work for this employee starting next week and continuing. Other than the obvious, "check with your attorney," what advice would you give? |
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layoff and workers' comp
posted at 11/25/2009 9:18 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
This will depend on your state's WC laws. Terminating someone on WC LOA is typically considered a public policy exception to employment at will. Much will depend if he shows up on Monday and if he does/does not file a WC claim.
If he does, you might be well advised to let him stay out on WC leave and terminate him upon his return. You'll take a bit of an experience hit on your WC rates, but at least you won't be paying salary and medical expenses. And rather than calling an expensive attorny, you might want to call your WC carrier. Their advice on WC matters is something you pay for in your premiums. May HR folks overlook this source. |
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layoff and workers' comp
posted at 11/25/2009 10:10 AM EST
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
Aside from what Nork shares let me add this...
He will probably qualify for WC if he files a claim and shows work connectivity. WC law and process just about assure that. Consider it a lesson learned in regard to making a decision 2-3 months ago to let someone go now as part of an economic reduction in force. |
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