Can this person be fired.

Whatever

A former ee claimed a wc injury which was denied by the insurance company. At the hearing, she called a witness who testified about seeing the alleged accident and that she had spent the day working with the ee. The witness works for us. She is also the former ee's daughter. Furthermore, we can prove (and will at the next hearing) that the daughter was working on different floor at the time of the alleged incident. Can I fire the daughter? If so, on what grounds?

TN HR

Going out on a limb here, but I would look for something along the grounds of failing to notify management of an accident.

Our safety policy dictates that an employee who witnesses an accident/unsafe act/near miss and does not come forward will be terminated immediately.


Gene

Whatever

She didn't witness the incident (if there was an incident). She was on another floor at the time. She lied at the wc hearing.

Don D

You may be safe in terminating. I'd use something like 'material misrepresentation of fact while claiming to represent the company' or 'uttering a forgery regarding a company document'. The first assumes she appeared as a witness and was sworn as an employee of the company and testified other than truthfully regarding the work performed for the company at a given time. The second assumes there is some record of where she was working, and while testifying under oath as a company employee, she lied.

If one doesn't work, the other will. But, she won't.

TN HR

But wait, unless you can prove beyond a shadow of a doubt that their paths could not have possibly crossed that day, be prepared for her to say something along the lines of "yes, I was working on a different floor, however, while getting supplies/getting to the work area (insert whatever other lame excuse you want), I happened upon her in a puddle of soapy water, lying on her back and she appeared to be in extreme pain after slipping (or wahtever other BS testimony she offers).

At least with my suggestion you have the possibility of crucifying her either way.

System

Good point, TN HR. The potential danger is if NY's WC law prohibits retaliation against ees who participate in a co-worker's hearing. She seems like the type who would complain to the state if you fire her, but you don't want her on your payroll if she lied.

Whatever, you might want to talk to a lawyer before firing her. Good luck.

James Sokolowski
HRhero.com