terminating ee on workmans comp

arahey · June 2003

employee has permanent restrictions precluding him from returning to his prior job, (not ada), we have offered him a position that meets his restrictions at the same pay, had his doctor sign off on it. he refused to accept the position and we no other position available. can we terminate him?

LindaS · June 2003

If you can verify that there aren't any other positions for which he is qualified that are available, you CAN terminate. Has he provided you a reason he doesn't want this position? Not that it matters, it is not up to the employee to "pick and choose" the position he wants, nor is it your responsibility to create an entirely new position for him but I was curious.

arahey · June 2003

yes he refused the job stating that he would prefer an office position. sounds ridiculous but it's true. thanks for the reply.

Don D · June 2003

Check with your New Hampshire Comp Commission to determine your state-specific law. In some states, an ee out on comp can be terminated without regard to comp. In others, there are degrees of protection. In some states there is no such thing as workers' comp retaliation (thus it cannot be claimed) and in others, there is such a thing. In most states, comp is not a job protection statute, unlike FMLA which is a job protection statute universally.

When you talk to the commission, make it clear to the preachy legal aide on the other end of the line that you are not asking for their permission to terminate the employee....you are just asking her what the New Hampshire law is. If she sounds like its not time for her break, ask her to fax you the section she quotes.

Balloonman · June 2003

I have terminated a number of people on workers' comp. Once the are rated and released with permanent restriction and are at MMI (maximum medical improvement) you must determine if you have work within their restrictions. You only have to evaluate factory jobs if they worked in the factory. There is no requirement to move anyone to the office. Remember just because they can't work for you does not mean they cannot work.
If you have a job available, and they refuse it, I would not hesitate to terminate. Document, as it should not impact your WC as you offered a position and they turned it down.
My $0.02 worth.
DJ The Balloonman

Eliant · June 2003

I agree with Don and Balloonman.
Look up your particular state requirements. But, here in California I have terminated employees on work comp. Once they have been rated, Qualified Injured Worker or P&S, that's it, over and out.

Eliant

terminating ee on workmans comp

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