Weingartner
Tish
98 Posts
Could someone clarify the Weingartner for me? The EE has the right to bring in representation to a meeting, but is it only the fact finding meeting, the disciplinary meeting etc? And can they be entitled to bring in a QRC or legal rep to a disciplinary meeting.
Situtation - have an employee who claimed first injury was due to playing ball with child at home. Later (3 weeks) claimed it was work related. Met with EE gave him a sheet explaining his requirements to supply work abilities, etc whenever he goes to dr. 3 weeks after surgery & no communication from EE had to call him to get W.A. supervisor wants written warning for not following what he was told as far as communication and bringing/sending in dr notes etc.
If EE wants to bring someone to the meeting do we have to allow him to?
This is really a sticky one, as the employee told serval of us that he hurt his back at home then later said "doctor" thinks it was work related. He has only worked for us a few months and this surgery was for a deteriated(sp) disc.
Thanks for the help, sorry about the length.
Situtation - have an employee who claimed first injury was due to playing ball with child at home. Later (3 weeks) claimed it was work related. Met with EE gave him a sheet explaining his requirements to supply work abilities, etc whenever he goes to dr. 3 weeks after surgery & no communication from EE had to call him to get W.A. supervisor wants written warning for not following what he was told as far as communication and bringing/sending in dr notes etc.
If EE wants to bring someone to the meeting do we have to allow him to?
This is really a sticky one, as the employee told serval of us that he hurt his back at home then later said "doctor" thinks it was work related. He has only worked for us a few months and this surgery was for a deteriated(sp) disc.
Thanks for the help, sorry about the length.
Comments
[url]http://www.nlrb.gov/nlrb/press/releases/r2529.htm[/url]
As far as the injury is concerned, you have every right to expect the employee to keep in communication with you and you hopefully have a policy regarding employees who are convalescing due to work-related injuries that requires them to stay in touch with their supervisors. This is an issue separate from the injury and you are within your rights to discipline for failure to follow policy (again - provided you have a policy on this to begin with).
If you suspect the legitimacy of the injury, I would certainly make the issue known to the claims adjuster handling the claim. Your insurance carrier has the means to investigate potentially fraudulent claims and you shouldn't be caught in the middle on this.
Thank you for the info. Yes we do have a policy also EEs are given a letter explaining work comp, their obligations to supply documentation etc. We also informed our ins company about the comment about getting hurt at home and at this time WC is denying the claim.
I am continueing to help the EE deal with STD etc. I am just thankful I don't wear both HR and Safety hats here. Our WC coordinator has most of the headache with this one. I do have to deal with his not following instructions but that's the easy part.
Thanks again.