Terminating and Workers Comp Fraud

M2

We have two employees on workers comp, we have had surveillance done on both which shows that they are both very able to do the job they had been doing before being injured. We presented it to their doctor and both were given a full release to duty with no restrictions. The one did have surgery on his had, and received a full release no restrictions, but a 5% disability rating.

We wish to terminate both employees, as we feel they had taken advantage of the WC system, and we were paying them when they had the ability to be working.

What are the legal ramifications if we should decide to terminate?

Theresa Gegen TX

Terminating someone on worker's comp is very risky. Worker's comp retaliation lawsuit is one of the most dangerous that can be brought. It has no damage caps, it can't be removed to federal court, and juries love the claims.

I suggest you hire an employment law attorney to look over your evidence and discuss the risks with you, BEFORE you take action.

Good Luck

Theresa Gegen
Godwin Gruber, PC
Dallas, Texas

Don D

If you had evidence that they were defrauding the company while on a workers' comp leave of absence, you should have coordinated the knowledge with the comp carrier and let their staff attorney advise. Work Comp retaliation suits are becoming quite popular. Either the carrier's attorney or your company attorney should be consulted prior to any knee-jerk termination. Such a termination will feel real good for about two days; but, the pain that might follow will certainly outlast two days.

Lori B

Absolutely agree with above comments.

What is "clear" fraud to you and I is never clear when you have to prove it to a jury of the ee's peers, not your peers.