Handling employees who are hard to handle article
Balloonman1
253 Posts
[font size="1" color="#FF0000"]LAST EDITED ON 04-07-06 AT 11:17AM (CST)[/font][br][br]Read this article.........pretty lame responses......no you cannot fire an employee who xyz. The article was pretty worthless other than repeating the basic mantra of protection.
How about Irene Injured and an answer like:
You cannot fire an employee who files a workers' compensation claim or an employee who is helping someone exercise that right. However if her injuries are do to carelessness or violating safety policies, then you can apply your progressive discipline as long as you are consistent in doing so. You can and should discipline unsafe acts.......do not let the outcomes drive your actions.
My $0.02 worth,
Balloonman
How about Irene Injured and an answer like:
You cannot fire an employee who files a workers' compensation claim or an employee who is helping someone exercise that right. However if her injuries are do to carelessness or violating safety policies, then you can apply your progressive discipline as long as you are consistent in doing so. You can and should discipline unsafe acts.......do not let the outcomes drive your actions.
My $0.02 worth,
Balloonman
Comments
HELP! PORK
The scenarios are a bit exaggerated but the overall article's point is that there are protections that employees have under certain situations.
Perhaps the focus of the article is too much on what you can't do and not on what you can. Still, I thought it had some value.
NO it was about the Q&A article.........it was a joke.......... sorry Paul, but a first year lawyer could have done a better job than whoever the lazy bum was who wrote this article.
Besides weak examples........ it made it sound like you could not fire people who repeatedly get injured.........untrue....
Balloonman
A: You may not discriminate against an employee for receiving or attempting to receive workers' compensation benefits or for assisting another employee in filing or pursuing a claim.
Bman, I am guessing this is the example you are referring to. What part of the answer do you disagree with?
It may be true that you cannot fire someone FOR FILING a w/c claim, but you CAN fire someone who does not follow safe procedures, etc. If the employee is constantly getting hurt there is probably a reason. Investigate, determine responsibility, and terminate if appropriate.
I would think that firing Irene, for example, for not following safety guidelines would be a risky move if such discipline had not been consistently applied.
Otherwise, if I was her attorney, I would just argue that the termination was a pretext for illegal discrimination.