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On the day I was to fire an employee, she claims needlestick injury

Lcheng000Lcheng000 1 Post
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Help! This is a new dental assitant of 5 months. We were actively looking to replace her and had posted an ad for her position online three weeks ago. On the day we were about to let her go she claims a needlestick injury. What do I do? We've documented the events and she stated that she will get a blood test for STD. We are in a state with at will employment. Any advice is appreciated.
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  • 4 Comments sorted by Votes Date Added
  • sonnysonny 2,117 Posts
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    I would turn it in to your WC carrier ASAP and let them handle.
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  • ACU FrankACU Frank 2,188 Posts
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    I think the real question was whether you continue with the termination, correct?
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  • Sharon McKnight SPHRSharon McKnight SPHR 737 Posts
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    [quote=Lcheng000;724654]Help! This is a new dental assitant of 5 months. We were actively looking to replace her and had posted an ad for her position online three weeks ago. On the day we were about to let her go she claims a needlestick injury. What do I do? We've documented the events and she stated that she will get a blood test for STD. We are in a state with at will employment. Any advice is appreciated.[/quote]


    Your first post! Welcome to the Forum.:welcome:

    Sharon
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  • joanniejoannie 2,294 Posts
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    Were you going to discharge for performance issues? If so, were they previously documented? Had you given the employee notice of the performance issues and given her a chance to improve her performance but she had failed to do so in a reasonable length of time? I think, if the answer to all of the above questions are yes, I would, after clearing it through my employment law attorney, proceed with the termination. If you can prove that you did not fire the employee in retaliation for filing a workers compensation claim, but had just cause to discharge, you would be safe in doing so.
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