Termination/Re-hire
atainc
37 Posts
We are a staffing agency and have an individual who was terminated based upon his being hired permanent by our client company. He was required to take a physical and during this process it was discovered that he had carpel tunnel and would not be able to perform the duties required of him. Client company informed individual that he would not be hired permanent based on the information from the physical examination, however his supervisors told him to keep coming to work under the assumption he was was still employed by us. Individual called me yesterday to inform me of all this and to say he had worked Mon - Tues for client company. I informed him to stop working for client company due to the fact that he was no longer an employee of ours and would not be paid for working after his termination date which was last week. Client company would like for individual to keep working, but wants him to work through our agency. I see worker's comp claim written all over this if we hire individual back. I understand that he could still file the claim, but what obligation do we have to this individual as far as hiring him back. My thoughts are that since client company will not hire him permanently because of the carprel tunnel, we are under no obligation to hire him based on this information. Am I on track or is there a violation of the ADA in the making? What is our obligation to this individual. Your answers will be greatly appreciated.
Comments
The detail has to do with the method of termination. Was it a written resignation, did the client company just tell you they were hiring him, how did all of that go down?
This poor guy is in the middle - it is ok for him to do the work as long as it is with you, but he cannot do the exact same work if it is for the client?
I think you are on safe ground with respect to the termination, assuming you are not in a state that is not at will (is it really only one state?).
But you will still be stuck with all that WC mess around the carpal tunnel.
So, do a little investigation about his condition. Will continued work aggravate the situation and force him into one of the more costly treatments or can he get away with the brace. Will the client company continue using him if he is placed on light duty because of the WC?
What I am getting to is this: If the CT is manageable, why not continue to employ the guy and help offset the costs associated with the WC claim? It has already happened so you are stuck with those costs at some level - why not try to recoup? Of course that only works if those questions can be answered in a way that don't lead to increased costs and decreased revenue.
Thanks for the info. The termination was done by phone after the client company company informed us that they were going to hire the individual and gave us a hire date. Individual also called and gave us a start date with client company. We are in an at will state so the termination should stick. Unfortunately, the individual is caught in the middle and I would be reluctant to hire him back based on the medical info from our client company. I will give your suggestion some consideration because the individual is an excellent worker. Makes me want to hire him back at a higher mark-up and let the client company help defray the WC cost............but that is another chapter. Again, thanks for the info.
The only way I would entertain a different assignment through the agency is if it in no way requires repetitive wrist motion, production jobs, driving, assembling or similar activities.
Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.
It worked in one, but not in the other.
Anyway, you make a couple of good points. The guy worked, the client wants you to make him whole and continue his employ - those wishes should be considered in the decision equation.
Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.
My son is relocating to So. Cal to start Physicians Assistant school. I was helping he and his girlfriend find an apt. Successful trip - next week we load the Uhaul and drive down again.
But to answer your question, I do not remember the episode - but I can envision Sinclair in the get-up.