New Hire Pre-existing Injury

CindyG

We have a new employee who has been stitching for us for only 4 weeks. She is now saying she can't work any OT because she has pain in her right hand due to the repetitiveness of the job. She said that she is 35% disabled due to previous neck disk replacement surgery and a carpal tunnel release to her opposite hand. She said she told the doctor this during her pre-employment exam, but that she wanted to try our job to see if she could do it. I'm waiting to hear back from the doctor to see if she did disclose this information or not. I may terminate her due to falsifying application records if she did not disclose this during her exam. Do you agree? She told me that she is currently looking for other work and will leave us when she finds a new job. I told her that we are training her and for her to leave us is unfair to us (meaning she should leave now). I was hoping she would quit on her own because the job isn't right for her. I don't want to keep her knowing she is hurting herself and causing a liability to us and leaving us anyway. It's training dollars wasted. But, I don't want to break any laws by terminating her because she reported an injury! Also, would you file a claim with Workers' Comp and then deny benefits to protect ourselves? Thanks!

smaces_twin

If she told the doctor that info, you have to take a serious look at your pre-employment screens. That doctor doesn't understand the scope of what he/she is doing. I would file the claim. Your always better off in the long run to do that. I hope you will be able to deny it. In certain states where we operate this would arguably be covered. You may have to chalk this one up to experience and take a closer look at your new-hire process.

Do you have pre-employment/post-offer forms that ask questions about medical conditions? Did she give false answers on those? If so what's her excuse in doing that?

I would not terminate her until I got all the facts from the doctor and could determine she falsified info. If that is not the case, your stuck.

Catie M

You may also have an ADA issue now! You may also need to ask the question while you still have her in your employment, "if she can perform her job with or without reasonable accomodation"? and what would that accomodation be? If it does not create undue hardship for the employer you may have to accomodate. Check your state ADA law, along with the Federal law to see if this situation applies. Also if you are contracting with a specific doctor for your pre physical exams, He should have a copy of your job descriptions that outlines the essential job functions of the position both physical and mental along with any environment conditions the position is exposed to.