workers compensation

Francie · January 2002

It seems to me that when you have an employee files a workers compensation claim it is almost impossible to terminate that employee. Can anyone give me an example of what is considered enough performance documentation to safety warrent termination?

Down_the_Middle · January 2002

I'll assume your question is, "Is there any way to terminate a poor performer once they file a w/comp claim"? This is analogous to trying to pet the horse after he left the corral. While most states prohibit retaliation for filing a w/comp claim, it's difficult to discharge someone once the claim has been filed and they are receiving benefits for lost work days. In this instance, it's necessary for the employee to return to work and then you continue building the performance case for discharge. Certainly if the employee is still working and only receiving medical benefits, you can proceed with discharge if you have the documentation and a solid case ---------- just like you would handle a non w/comp termination. Very important to not fall victim to the suggestion that "we'll discharge the employee now that he's on w/comp".

OhioSmallEmployer · January 2002

You can terminate an employee who has filed a workers compensation claim. You have to keep in mind who you are trying to justify the firing to. Workers' Comp? Unemployment? Just like Down-the-Middle said, you can't retaliate against an injured worker. Ask yourself "Why do I want to fire him/her? Is it related to the claim?" If it's not, you want to show that you were reprimanding him/her before the accident. If it's because of how the injury occurred, you want to make sure the termination goes in line with your company policy and that it's clear cut in the policy. Otherwise you are retaliating. If it's because of an attitude change when the employee is working a light duty position, DOCUMENT, DOCUMENT, DOCUMENT. Also, show a diligent effort in trying to help correct what different issues that come up. Don't just show how you constantly had to repremand. But it all has to go along with your company policy. How much is enough? There really is no answer to this question because it depends on who you are answering to.
Some states have a policy about cutting off/no compensation if the injured worker "voluntary abandons" their position of employment .. by being fired.

Getting in trouble for terminating someone? As long as you have good documentation, you should be fine. Now, getting compensation cut off? (If your state has a law about that.) That's a whole other story.

We had an employee we terminated and had a book of documentation. He greived his termination and the teamster union dismissed it without merit. BWC said it wasn't good enough. So, he received comp. But on the labor side, we were well within our rights to terminate him.

The only true downside to terminating an employee who filed a workers comp claim is it is harder to keep an eye on them, and if they are recieving compensation, they may try to stay off work longer.

That's my experience at any rate.

workers compensation

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