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Workers Compensation

pheimbeckerpheimbecker 4 Posts
in HR & Employment Law Vote Up0Vote Down
I have an employee that is out on Workers Compensation. I have made many attempts to have this employee communicate with me regarding his return to work status. He refuses to return my calls and make scheduled appointments. Can I terminate his employment? If so, under what grounds?

Thanks::angryface::
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  • 3 Comments sorted by Votes Date Added
  • ACU FrankACU Frank 2,188 Posts
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    In cases like this, I always take the safest route to termination, which is a certified letter requiring a response by a specific and reasonable date and promising termination if that response deadline is not met. Nothing short of that allows me to sleep at night.
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  • kdigangikdigangi 53 Posts
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    We also utilize an outside loss management services company. It's a self-employed registered nurse who has put together a group that offers a variety of services. We use them for medical surveillance, flu and Hep B shots and some training. They have a team that is particularly good at WC case management. Much less costly than an attorney and more effective.

    I don't use them as much as my predecessor as I've brought a lot of the training inhouse, but I find them a valuable resource to have. Don't know if such services are available in your area.
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  • davidsdavids 427 Posts
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    I would proceed cautiously. First, I assume you have information on his status from your workers' compensation carrier. Are they telling you that he has been released to return to work? Second, I also assume that the employee is eligible for FMLA. What did the FMLA certification say? And, what is your normal practice/policy for employees on FMLA and/or workers' compensation? How often do they have to check in with you?

    If you have covered your bases on all other issues, I agree with Frank. Send a certified letter asking the employee to contact you be a certain date. If he fails to do so, follow your regular procedures for terminating an employee on leave who doesn't keep in contact with you.
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