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layoff a person on light duty

SystemSystem 5,885 Posts
in HR & Employment Law Vote Up0Vote Down
I'm in wisconsin. We are doing some layoffs. I have an employee that is on light duty from a non-work related injury. We were looking at laying him off before he got injuried. We want to know if there will be any chance of retaliation doing this. I know that if it is not work related, i don't have to find light duty work for them. But I don't want him coming back saying we laid off because he was on light duty. A quick response would greatly be appreciated.
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  • Don DDon D 9,834 Posts
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    As this has nothing to do with Workers' Comp, there is no chance he can claim comp retaliation, even if your state recognizes that, mine does not. If he was on FMLA, he could possible claim FML retaliation for him having taken it. Otherwise, if your targeting positions, and he's laid off simply because he occupies a targeted position, that would be no problem. I can see no safety net for him.
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