EMPLOYEE/COMP TERMINATION ISSUE

PMANZ

How do you handle an employee situation of the following:

Employee never worked a full 40 hour week, then decided a couple months ago, he was having a problem with his wrist. Contacted worker's compensation and the employee went on comp. A few weeks ago, he was released to light duty and we had a 40 hr "light duty" position for him, but the employee never showed up. We called several times with no response from the employee. So comp didn't pay him and we were not paying him Now rumor has it the employee is in criminal trouble and may be in jail. How and can we terminate his employment properly? Does Work comp have to dismiss his claim?? Any help would be apprecited.

Crout

Assuming that your job offer was properly documented, I can see no reason why you can't terminate this person.

Don D

One of our attorneys is fond of repeating this: " Whereas FMLA is a 'job protection act', Workers' Compensation is not." Unless your state law mandates some sort of retention while one is on comp, you are not required to treat him any differently from a non-comp employee. I recommend you check your state law then follow your normal company policy on terminations. As far as his claim to industrial accident or injury being dismissed because he 'went to the pokey', that would not connect.

Gillian

If an employee isn't showing up for work and is not responding to phone calls he isn't an employee. If you don't have one, you should create a policy that says three days no show, no call means job abandonment.

Don D

Gillian: Would that be (a)a problem employee, (b)an employee with a problem, or (c)an employer with an opportunity?

ritaanz

Don, if you are not careful, Gillian will step on your toes.

Gillian

I choose "c" for this one.

Balloonman

Fire the employee and don't worry about it. If he want's ttd for comp have the carrier deny it. Had restricted duty available, he never showed up and was termed for no call no show. Was termed for other reasons..........usually in most normal states it would be denied.
My $0.02 worth.
DJ The Balloonman