Announcement

Collapse
No announcement yet.

Terminated WC Cheat California

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Terminated WC Cheat California

    In California

    Recently we caught one of our employees, who was claiming Workers Comp for a shoulder injury, working at another facility doing exactly the same job that she was collecting WC for while off work from our company. We turned all evidence(PI documentation, videos working and riding a motorcycle and ATV, etc.) over to the State and terminated the employee for fraud. The state sent us notification that the employees case had been investigated, WC was being terminated and that criminal proceedings would be initiated.

    This morning, I received a telelphone call from an "associate" at a local law firm (I called back to verify) stating that the firm was representing the ex-employee and would sue if the employee was not re-instated with all back pay.

    Isn't WC fraud grounds for termination?

  • #2
    Just because the law firm called you to make a demand does not mean that the employee has a viable case for wrongful termination. In the future, I'd suggest that you turn such requests over to your own attorney for response. I'm sure that the story that the employee has told his/her attorney paints a rosier picture than reality.
    I am not able to respond to private messages. Thanks!

    Comment


    • #3
      I'd refer any such attorney to your legal counsel or WC carrier or their counsel. Do NOT speak to them yourself or answer any questions. For one you do not know that this is really an attorney and two, you do not want to comment to anyone about pending litigation without an attorney's guidance.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

      Comment


      • #4
        Originally posted by aswas71788 View Post
        Isn't WC fraud grounds for termination?
        You don't need grounds for termination, you just can fire someone for any reason prohibited by law.

        Given what you learned about the ex-employee, I would have canned him, too. When his attorney called, I would have declined to say anything except "Feel free to contact [my attorney]."
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

        Comment


        • #5
          Thanks,

          The response to the associate was that I do not discuss personnel information. I did call back to the number on my telephone display and it was the local attorney's office that the associate indicated. We shall now wait to see what happens.

          Comment


          • #6
            Just to make it clear, in the legal world, "associate" means an attorney who is not an owner of the firm, as opposed to a partner.

            There is always the danger that when you fire someone for WC fraud, they will interpret it as retaliation for filing the WC claim.
            Megan E. Ross, Esq.
            Law Offices of Michael Tracy
            http://www.gotovertime.com

            Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

            Comment


            • #7
              Yes, there is that danger. We made it clear in the termination documentation that the reason for the termination was for the fraud and cited the WC findings letter we received. Also, this ex-employee was out on WC before and returned to his job with no ramifications even though we had to let a better qualified temporary tech go. We can refer to one other WC case where the employee returned and still works for us. Hopefully if anything comes of it, we will be able to support our decision.

              We will have to wait and see what happens. Thanks for clearing up what an associate is, I always though of them as the office go-fer.

              Comment


              • #8
                No problem - I happen to be an associate myself, and I am constantly correcting people
                Megan E. Ross, Esq.
                Law Offices of Michael Tracy
                http://www.gotovertime.com

                Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

                Comment

                Working...
                X