Termination for Injuries?
kfisher
1 Post
We have several employees who are habitually "accident prone". These are always on-the-job injuries which require extensive rehabilitation. The injuries are of the "semi-subjective" type such as lower back strains or leg strains that are difficult to medically document by a second opinion doctor.
We are considering terminating one of these employees for failing to work safely. What are the issues that we should consider before embarking on this course of action? Certainly accident prone would not be considered a "disability" under the ADA would it?
We are considering terminating one of these employees for failing to work safely. What are the issues that we should consider before embarking on this course of action? Certainly accident prone would not be considered a "disability" under the ADA would it?
Comments
In many states, worker's comp retaliation is one of the biggest issues for this type of thing. There could also be ERISA discrimination issues (medical benefit plan discrimination). Maybe some other retaliation issues also.
I suggest you contact a labor attorney to discuss the facts before terminating the employee.
Good Luck.