Light Duty and Terminating

bbarrett

We had a guy who was injured at work in March had surgery on his knee was out for 3 months. He came back and has been on and off some type of light duty since June. We are a small compnay and I we need someone who can do the job 100% without restrications.

Out WC carrier stopped paying for his medical treatment because it was determind his continued problems are deginerative problem. We have to have someone on the job who can work without restrictions. We have made every effort to accomidate his light duty with the hope he would be released back to full duty. Not going to happen any time soon.

We let him go on 10/31/03 and explained to him that when and if he is released back to full duty he can reapply.

I hear he is suing us for wrong full term.

Any thoughts

Theresa Gegen TX

Hire a good lawyer. Drop the term "full medical release" from your terminology. Focus on whether or not the employee can do the essential functions of the job. If he can't and there is no reasonable accomodation you can give him so that he can do the essential functions, the termination should be okay.

Good Luck!

bbarrett

He can not do the essential functions of the. That is the reason for letting him go and replacing.