W/C retaliation
catherinetnc
79 Posts
Employee has work restrictions. A couple of months ago he got in trouble for threatening a manager with suing the company because he didn't like the way things were run. At the time, it was revealed that employee continually violates his own restrictions - not because he is told to, but because "no one else will do the job."
We had a prayer meeting at that juncture and told him it was his last warning for insubordination and for violating his W/C restrictions. He knew we were considering firing him that day - but he pleaded that he had to have the job because he has a handicapped grandchild he takes care of. He signed a document indicating if he was insubordinate again, or violated his restrictions, he'd be terminated.
Fast forward to last Friday. Employee tries to lift a 450# drum - blacks out - in terrible pain. Doesn't alert managers - manager is clued in by observant office person who was walking through that area that something is going on in production. Employee sent to the hospital. Employee refuses drug test. (Violation of our drug testing policy - all accidents causing physical harm require drug test). He was released to work Monday. Today we have gotten all of the facts together and will terminate him.
How successful do you think he will be at a retaliation lawsuit?
Thanks for any help.
This is one of those situations that you're darned if you do and darned if you don't. I think we have to pull the trigger on this one and deal with the consequences when they come around.
We had a prayer meeting at that juncture and told him it was his last warning for insubordination and for violating his W/C restrictions. He knew we were considering firing him that day - but he pleaded that he had to have the job because he has a handicapped grandchild he takes care of. He signed a document indicating if he was insubordinate again, or violated his restrictions, he'd be terminated.
Fast forward to last Friday. Employee tries to lift a 450# drum - blacks out - in terrible pain. Doesn't alert managers - manager is clued in by observant office person who was walking through that area that something is going on in production. Employee sent to the hospital. Employee refuses drug test. (Violation of our drug testing policy - all accidents causing physical harm require drug test). He was released to work Monday. Today we have gotten all of the facts together and will terminate him.
How successful do you think he will be at a retaliation lawsuit?
Thanks for any help.
This is one of those situations that you're darned if you do and darned if you don't. I think we have to pull the trigger on this one and deal with the consequences when they come around.
Comments
Forget the retaliation piece. Focus on the unsafe act the employee commited. Separate the two and you will be fine.
Gene
TN HR: for once your thoughts agree with mine!
PORK
And I couldn't be happier, Pork. I guess you could say that it makes me happier than a HOG in mud.
Gene
Is there really someone out there who would even ATTEMPT to lift a 450 lb drum??? No wonder he refused the drug test - it would probably have shown he was under the influence of something to think he could do something like that!
You must be living right.
My $0.02 worth,
The Balloonman