Can I terminate an employee who is on workers’ comp?
Let’s consider a situation in which an employee fails to adhere to the company’s rules or underachieves on a serious level. Even though you are trying to correct such behavior by disciplinary action, you are thinking of firing them; however, they have a workers’ compensation claim open. The question is whether this assertion protects them from termination. The answer isn’t simple because it depends on the state your business is in, the cause of that disciplinary action or termination and the specifics of the workers’ compensation claim. In most cases, the mere filing of a workers’ compensation claim is not an immunity against the disciplining or termination of behavior. Yet, the termination move in such types of situations is rather dangerous. These are the key thoughts to think about before making any decision. Explanation of an Open Workers' Compensation Claim An open claim means: · The worker has lodged ...