Injury to attendance then termination

RYA in Buford

We have an employee who got into a car accident. This accident was unrelated to the job and was during his time off. His position is a key position - it is virtually impossible for us to run if this position is not filled immediately. We let him know that we have replaced him. He wants to sue us. We told him the accident did not have anything to do with work and that perhaps he should go after the man who hit him for lost wages, etc. When I say we, I am truly referring to just our plant manager who is adamant that we not allow him to return even for light duty because of his attendance due to the accident. Let me know what you think.

Theresa Gegen TX

Have you considered whether FMLA applies to him. If it does, and you have denied him the time he needed to recover, you could be liable. Even though you think he is a "key person", the FMLA has very strict rules on who is a key person. And I believe you may need to tell him that he is denied the fmla leave because he is key.

Also there may be an ADA issue or an ERISA (medical benefits issue).

Since you know he's threatening to sue, I suggest you immediately hire an employment law attorney to review the risks before the plant manager draws a line in the sand.

Good Luck!!

Carol CA

I agree. Even though the injury is not work related, it doesn't mean that he can be fired. The FMLA could very well kick in and you need to give him the 12 weeks to recover. Definitely check with your labor lawyer on this.