Unhealthy Employee
![Cindy Hanna](http://blr-hrforums.elasticbeanstalk.com/plugins/DefaultAvatars/design/GreenAvatar.jpg)
Hi everyone,
Here is what happened this morning. One of our employees came into my office this morning telling me that a co-worker is having chest pains and can not get out of his car. I went out there and the employee was in the back seat of his car holding his chest and could not breath very well. I immediately called 911. The employee has to travel about 45-1 hour to get to work. The employee told me he had chest pains when he left his house for work this morning. This is not the first time that this particular employee has done this. He has come into work literally crawling up stairs because he is in so much pain.
I am worried about him hurting other people on the way to work. He also drives truck for us. A CDL is required.
I really am worried about him hurting someone else even when he is driving for us. Blacked out once while driving for us. Thank goodness he was at a job site waiting to get unloaded. No one was hurt.
This employee will have to have a medical clearance from his Dr. to come back to work. He has had a heart attack 21/2 years ago among many other medical problems and his Dr. keeps clearing him. He's been with the company 10 years and is 50 years old.
Is there legally any thing we can do?
Any type of advise will be very much appreciated. Thank you
Cindy
Here is what happened this morning. One of our employees came into my office this morning telling me that a co-worker is having chest pains and can not get out of his car. I went out there and the employee was in the back seat of his car holding his chest and could not breath very well. I immediately called 911. The employee has to travel about 45-1 hour to get to work. The employee told me he had chest pains when he left his house for work this morning. This is not the first time that this particular employee has done this. He has come into work literally crawling up stairs because he is in so much pain.
I am worried about him hurting other people on the way to work. He also drives truck for us. A CDL is required.
I really am worried about him hurting someone else even when he is driving for us. Blacked out once while driving for us. Thank goodness he was at a job site waiting to get unloaded. No one was hurt.
This employee will have to have a medical clearance from his Dr. to come back to work. He has had a heart attack 21/2 years ago among many other medical problems and his Dr. keeps clearing him. He's been with the company 10 years and is 50 years old.
Is there legally any thing we can do?
Any type of advise will be very much appreciated. Thank you
Cindy
Comments
Good luck, Cindy
Good Luck!
My $0.02 worth.
DJ The Balloonman
I am trying to find out legally if we can let him go or not? His Dr. knows what type of job he has and the responsibility of driving a ready mix truck.
Believe me we are on pins and needles when it comes to this employee. We are in a very difficult position right now.
We know what could happen. If his Dr. releases him and the employee goes to a Dr. the company picks and that Dr. says he's o.k. to work then what?
Can we get rid of him legally?
Before you go to a second opinion, I'd write a letter for the employee to take to his doctor describing the job duties and physical requirements, including any DOT requirements. Also describe the incidents you listed in your posting as well as any others you are aware of. You may be surprised about what the doctor may not know because the employee wants to come back to work. You may want to get some legal advice on this, but I'd include a statement like, "We need to make sure that the employee is not a danger to himself or to anyone else in the workplace." If that doesn't make the doctor's medical malpractice antennae go up, nothing will. If he still clears your employee, I think you proceed to a second opinion.
You've already understand the danger of the second opinion. You will have to take him back if the second opinion says so. However, I think that if you fire him now, you're going to get sued anyway. So what do you have to lose?
If you get a second opinion, use the same letter, but shop for your second opinion doctor carefully. Ask your WC carrier for a conservative doctor's name. Call the doctor's office, tell the receptionist that your are the HR person from ABC Company and you are looking for a doctor to do your second opinions. Ask to schedule a time to speak to the doctor via telephone. Explain to the doctor that often you have concerns about employee's ability to return to work and that you want to make sure he/she is not afraid to disagree with another doctor's findings. If you get any hesitation, pick another doctor. Explain to the doctor that his/her bill will be paid by ABC Company whenever he/she is called upon to render a second opinion. It doesn't hurt to remind the doctor who the client is. This is the type of business that any physician would jump at. No claims hassles or collection hassle. Invite the doctor to tour your facility if he/she would like.
Hope that helps!
Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]
Good idea about wc.
I come from a safety background, and have worked long and hard to develop a good working relationship with my doctors and to learn which ones in the 8 clinics in our metro area will give me what I need. I have two doctors I use for those that might be malingering.
If you have an occupational doctor that you can talk with and explain the situation I would do that. It does not sound like he is qualified for a CDL anymore. Talk to the clinic about what disqualifies individuals from a CDL. Once you have this info you can talk to his doctor. The suggestion that you send a letter is a good one. I would also put in it that you want make sure the doctor has a clear understanding of the health issues your employee has been struggling with. You also want to make sure that it is clear that the doctor must state in writing that the employee is still qualified to possess a CDL.
My $0.02 worth.
DJ The Balloonman
Side note: For everyone if you have not done so, start working on developing a good working relationship with the occupational clinic(s) that you use. This means developing a relationship with the clinic coordinator, as well as the primary doctor and physical therapist. They should have a clear understanding of your expectations of them. Where you stand on restricted duty, and weather YOU consider it acceptable for them to take employees off of work. This resource can literally save you tens of thousands of dollars and make some of your more challenging WC issues easier to deal with.
There, that is about a nickels worth.
DJ
If they are required to have a CDL to do their job, and lose it there is no accomodation that can be made, or is required to be made. They can still work, just not at that job, with that company.
My $0.02 worth.
DJ The Balloonman
DJ calling the DMV is a very good idea also. Thank you.