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  • No position available California

    We have an employee who is a building inspector who has been out on workers compensation since August. He is now on permanent disability and can't perform the functions of his job. He is also located in Northern CA and out office is in Southern CA and we don't have any office positions available. What are our obligations at this point to him. Can we legally terminate him since he don't have a modified position available for him?

    Thank you

  • #2
    Yes, you almost certainly can but I suggest you consult with a worker's compensation attorney first, just to be on the safe side. You may also want to take a look at a possible ADA angle but neither WC statutes or the ADA require that you "make up" a job for someone.

    FYI, the employee may be entitled to additional benefits under CA's worker's comp statutes, such as a PPD settlement, loss of earnings capacity, and possibly even vocational rehabilitation but that's something the carrier will determine and should not impact your decision whether or not to terminate in.


    • #3
      I second working with your carrier on this. CA has some additional protections for those injured on the job as well.
      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.


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