Problem Employee

awoltman

This is my first post to this group. I have read some of the previous topics and responses, I think this will be a very helpful forum. We are a small Illinois manufacturing company and I have an employee that is turning out to be quite a problem.

He hurt his elbow and was on workmen's comp light duty for six months. The insurance company sent him to a specialist in Chicago for a complete evaluation, this doctor said that based on his description of the pain and the results of the test he ran, that this guy had nothing more than a sprain and he released him back to full duty saying he had milked it long enough. Now this employee is saying "if you put me back to full duty, what if I drop something on my foot, or re-injure my elbow, then you will have to put me back on light duty and then we will know that your specialists is no good." Based on what he said, we have chosen to keep him on light duty, but this really isn't fair to the other employees that are doing the heavier work. But the main problem is he is trying to get other employees to say they are hurt, he has told them this is the greatest injury, no way to prove or disprove the facts. He has told several that they could start a class action lawsuit against us. I have to tell you this is the greatest company to work for, very relaxed atmosphere. We are small, less than 50 employees, but more than 50% have been here over 20 years and the last time we hired anyone was 3 years ago. Business is slow right now and we are planning a layoff, but my problem is I think he might file a lawsuit saying we laid him off because of the worker's comp claim. That is not the case, but he can not or we won't let him do the job he was hired for. It just looks like a bad situation all the way around. Any suggestions?

ritaanz

Please, please tell me he was the last one hired.

hrbanker

I wouldn't second guess the specialist. He released the employee to full duty, so I would work him gradually back to his regular duties. If you would feel better about a second opinion, the company could always send him for another evaluation.

There will always be 'what ifs' in any job at any time. You have to go with the experts. As for layoff, what does your policy say? Last hired, first out?

Crout

The specialist certified him to full duty, so I'd put him back on full duty. The fact that your company kept him on light duty based on his veiled threat was a very poor decision. Then I would bring him in for a meeting and confront him on some of the statements he allegedly made. Let him know that those kinds of statements will not be tolerated. I am assuming that he is not a member of a labor union.

bethann

are you an "at will" employment state? I would lay him off. document everything. how is his attendance and performance? bottom line, he was released to full duty. refusal to work should be a company violation.

LindaS

It appears that this employee, for whatever reason, does not want to return to his regular job. If the specialist feels that he is able to return to full duty, and you and your insurance company have faith in this individual, place him back on his job. Allowing him to remain on light duty based on this threats is a poor decision and others in the plant will see this and begin doing the same thing. As far as the comments he has made to others, I would begin an investigation and obtain signed statements from the employees he has spoken with regarding what he has said to them. Make sure it is first hand information and not "I heard he said this". Once you have that, you can make a decision regarding what type of disciplinary action needs to be taken. As for the layoff, the fact that he is on light duty should have no impact on your decision to, or not to, lay him off. As long as you can provide proof that your decision was made based on economical needs of the company, lay him off. The fact that he has a wc injury does not protect him from any decisions regarding his employment.

Gillian

Linda is correct. Use his threat to find out what is really going on, then, if your suspicions are supported, terminate him. Don't be buffaloed by the threat of a lawsuit. If it happens, the other employees will support you, not him, and that will take care of the lawsuit.