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Can I terminate?

cbaileycbailey 6 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
I have an employee who started a WC claim 11/03. then finally came back to work 9/04. worked for 1 1/2 days then was having chest pains went to the emergency room.
has not been back to work since. claims now that his problems are from his wc issue (back)
Now he has tried to re-open his workers comp claim but it has yet to be approved.

Plus he owes the company a lot of money (long explanation- he was getting paid by us and the WC company at the same time saying nothing, etc)
so it is a messy situation

His managers want to terminate him. Since he filed the first claim he has had lawyers involved.

any advice to handle this. we would like to term him. he has not called me in over a month, phone disconnected, so i want to send a certified letter to him saying that if i don't here from him or receive any mpacyments(he has not paid us since july) that we will have to term
etc

Thanks in advance
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Comments

  • 5 Comments sorted by Votes Date Added
  • marcmarc 3,126 Posts
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    Just a rule of thumb, when one side brings in lawyers, I bring in mine. Let them earn their fees in this case. Does your WC carrier know about the double payments? They might bring additional pressure to the situation - it might or might not be in your favor - again, legal counsel would be a good call.
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  • SMaceSMace 1,481 Posts
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    Before I would do anything, I would make darn sure that his chest pains have nothing to do with his injury. I would ask the comp carrier to give me the specific reasons for denial. If you have any doubt about their reasoning run it by your own attorney.

    Then, if it's not WC apply your attendance policy to the gentleman.
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  • Balloonman1Balloonman1 253 Posts
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    While I would like more information, if he has not contacted you, going on a month without contact I would terminate for no call no show. Fact is even if it is work related that does not relieve him of the obligation to keep you informed and stay in touch. I would then file the appropriate paperwork to legally go after the money owed. If he was double dipping he may also be charged with work comp fraud depending on your state statutes. I would call your adjuster and have them push this issue.
    My $0.02 worth.
    DJ The Balloonman
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  • SMaceSMace 1,481 Posts
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    If the claim is tied to WC I would be very cautious about terminating for no call/no show. I don't think many no call policies require someone on WC to call in every day. A sympathetic jury could eat that one up.
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  • Balloonman1Balloonman1 253 Posts
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    You are right SMace, but if you leave via ambulance, then don't come back and there is no contact? That is different.
    Fact that it may or may not be WC while it may cloudy it does not relieve the employee from following the company policies. You may have restricted duty available, I know I would and for that reason I would DIRECT the WC carrier not to pay.
    My $0.02 worth,
    DJ The Balloonman
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