worker's compensation
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Hi:
I hope that someone can help me answer this question.
If a terminated employee files a Worker's Compensation claim against the company, and an auditor comes to ask employees questions, can employees choose to not participate in the audit and questions without jeopardizing their jobs?
Comments
What part do you play in this scenario? I am looking at this from an HR perspective.
Does your employee handbook reference investigations? Ours has a statement that employees are required to fully cooperate in any investigations and failure to do so could lead to discipline, up to and including termination.
If not, it is possible it could fall under an insubordination clause.
If I were investigating, I would want to know WHY the employee(s) did not want to participate. Do they fear retaliation from the employer? from the ex-employee?
Title VII protects employees from retaliaton for participating in the investigation of EEOC claims. However WC doesn't fall under the EEOC. What state are you in? You need to look at state WC laws to see what protection they afford those who participate in the investigation. And you might need to give a copy of that protection law to each person who is participating.