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dreadful employee was about to be fired but just notified filing wc

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  • dreadful employee was about to be fired but just notified filing wc

    hi all - we have an employee who was about to get the ax and has said as such to other employees. he knew it was coming. yesterday he had a work related injury which will not require any time off, just a prescription. he just verbally told me he plans on filing a claim to cover medical expenses, but has not done it yet. can he be fired? like right now?

  • #2
    Do you have an documentation showing he was going to be terminated prior to accident?


    • #3
      no - just meetings between

      supervisors where the decision was made.


      • #4
        If everyone is willing to act as a witness, that might be okay.

        By the way, sit down the person that told him and make sure that he/she knows the next time they circumvent the process the next person termed is them.

        I hate being intentionally back channelled this way.
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.


        • #5
          Document that he knew it was coming and that the decision had already been made. Forward it to the carrier. Terminate as usual. Filing a WC claim is not a stay of execution.

          My inner cynic would have me seriously questioning whether an injury actually took place. I'd investigate that as well and let the carrier know this person was terminated.
          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.


          • #6
            dreadful employee

            I would think if the employee was on the clock, He or She would be covered. Ya Snoozzz Ya Loozzzz. you should have terminated person right away. Your waiting did not help your company. Get the person thru the system and be done with it. You will know better next time not to wait.


            • #7
              Gosh, guess you will just have to comply with the law. Bummer for you.
              Bob Bollinger, Attorney
              Board Certified Specialist in NC Workers' Compensation Law
              Charlotte, NC


              • #8
                Originally posted by complwyr View Post
                Gosh, guess you will just have to comply with the law. Bummer for you.
                Yes, they do. We learned our lesson that same hard way. People talk and any forewarning of a termination could suddenly result in a work related injury. It is best to can an employee immediately and walk him/her off the premises.
                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.