URGENT! Please Help!

Sorry for the abrubtness of my post, but here it goes:

EE, on his day off (Saturday night) walks into the plant's maintenance shop, visibly intoxicated, leaves his just-wrecked vehicle in the parking lot, and asks another EE to take him home.

Tuesday morning, EE reports to work, and we term him for violation of company policy (coming-in off-duty, drunk, into the maintenance shop and creating an un-safe and hazardous condition). He loads his toolboxes into the back of another EE's truck and leaves the premises. End of story, right?

Wrecked vehicle still in parking lot. Conflicting stories on how/what happened. I became suspicious and called the local police department to make a report on the vehicle and have it towed. Police arrive and as it turns-out, the vehicle was involved in a serious hit-and-run accident involving personal injury and severe property damage minutes before the EE showed-up at the plant on Saturday night.

Call from EE this morning, had to be taken to the hospital last night because he "injured himself while loading his tools while on company property". I know this to be an absurd claim since myself, along with the maintenance manager were present and he did not appear to injure himself in any way.

Questions to the forum:

What's my exposure on the hit-and-run, evading police and hiding-out at the plant, and the fact that another EE, on the clock but on lunch took him home (accessory to the crime?)?

How do I handle the "alleged" WC issue regarding the "injury" that he claims to have sustained while loading his tools?

Any help I can get on this will be greatly appreciated. This guy is a lose cannon with a long history of poor performance, substance abuse and absenteeism which, unfortunately, was never documented by the previous managers or my predecessor.

THANKS!

Gene

Comments

  • 10 Comments sorted by Votes Date Added
  • GENE: IF YOU HAVE CONDUCTED YOUR INVESTIGATION AND HAVE THE ABSOLUTE FACTS BEARING ON THE W/C INJURY from loading his tools onto the truck, then stand your ground on the W/C case. EE on duty that provided transportation to the drunk ee's home would not appear to be a part of the crime of hit-and-run accident. However, if on the other hand, he was a part of the "hide out and cover-up", he might be a part of the criminal investigation. The company should support and cooperate with law inforcement, and defend any connection to the company as the facts unfold. PORK
  • I don't believe the company is in any danger here at all. Hit and run is a polce matter and you should let them handle it. If you terminated him according to state and federal regulations (last paycheck, UE info etc. ) then he is no longer an employee and not elegible for WC.
    Still learning though.
  • >
    >What's my exposure on the hit-and-run, evading police and hiding-out
    >at the plant, and the fact that another EE, on the clock but on lunch
    >took him home (accessory to the crime?)?

    I would say none, no exposure at all. Unless the company or the other employee were actually involved in the hit and run, its cover up or the hiding away of one guilty of a crime.

    >How do I handle the "alleged" WC issue regarding the "injury" that he
    >claims to have sustained while loading his tools? This guy is a
    >lose cannon with a long history of poor performance, substance abuse
    >and absenteeism which, unfortunately, was never documented by the
    >previous managers or my predecessor.
    >
    The employee's past performance, poor performance or substance abuse is not relevant to the current situation, nor is the company representative's failure to document. You and the witness should sign statements regarding the loading of the tool box and its removal. Let the comp carrier handle any claim. I'm sure they'll deny it. But, let it run its course. The man is dismissed. You have no obligation to re-employ him relative to a pending comp claim.

    By the way, I think you did a swell job of getting the law involved, leaving the car alone and letting them investigate and remove it. A lesser thinking HR person would have had someone in the maintenance department tow it over to the man's house where it would have summarily been disposed of or sold.



  • Relax. No work comp exposure as he was no longer an employee when it happened. Also you have no negligence in his "allegedly" injuring himself while loading tools.
    Most likely trying to use this as a way to appear more sympathetic with police. SOunds like you handled everything great. I would notify my WC carrier, explain the scenario, and tell them if they get anything from him to deny deny deny!
    My $0.02 worth.
    DJ The Balloonman
  • Not so fast Balloonman! Had a terminated employee who fell exiting the plant following his termination. Comp was filed and paid. I protested. The carrier said the injury occured 'in connection with his job' even though he had just lost it moments earlier. Their extended logic was that had it not been for his employment with the company, he would have not been injured. That one was tough to swallow.
  • Also Baloonman, if you are claiming he is no longer an employee he can then sue the company for personal injury which could mean a lot more money for him. Be careful what you claim. Not sure if either would hold up in court but that would depend on expert witnesses. Which I'm sure a personal injury attorney would be happy to supply.
  • Thanks to everyone who replied, particularly Don D, his great advice, and kind words :)

    Gene
  • Don, falling leaving the property, you are probably better off that it is wc. As for loading his tools into his truck. I see no negligence on the companies part, and would be very upset if the ins. co. accepted it based on the information provided so far.
    My $0.02 worth.
    DJ The Balloonman

    Ps. Today is my Friday x:D leaving for 2 days of golf and poker at the lake............ahhh a boys weekend!!!!!!
  • WHAT! No fishing? When your on a lake!
  • I will slide in a little fishing most likely. I have to get a one hour lake swim in for my training........hopefully even longer but will be thrilled with 1 hour.
    My $0.02 worth.
    DJ The Balloonman
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