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Workers Comp and Stress Claim

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  • Workers Comp and Stress Claim

    I am in California and have an employee (hourly rated) who is trying to get on Workers Comp for stress. I plan to file for a hearing when and if she gets Workers Comp. The employee has been in disciplinary trouble recently for attendance and last Friday refused to perform job duties assigned by her Supervisor and was sent home on suspension. Termination paperwork has been started but not issued for insubordination. Can the employee be terminated now or must I wait until she is off workers comp? Also , would that be seen as retaliation? Our Policy and Procedures manual states that all employment is "At Will. She signed acknowledging receipt of the manual.
    Last edited by white764; 05-09-2005, 02:45 PM.

  • #2
    Well this is a multi-layered situation subject to many interpretations. The employee may have a real disorder that was aggravated by what is happening. There may be a legitimate cause to terminate claim as to the employer. Even if there is at-will employment, there could be some liability if there was discrimination suffered that is legally cognizable and the firing was because of the condition.

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    • #3
      There are no discrimination issues involved. Disciplinary issues are well documented by both the Supervisor and Human Resources. Termination would have been for insubordination for refusing to perform job functions that are part of the job description. While writing this, the employee came into my office and resigned. The employee was turned down by 2 Physicians for workers comp due to stress. Both Physicians stated that the employees problem is due to self motivated work related issues and they felt that the employee was trying to use workers comp to collect benefits while the employee found another position. The employee provided a copy of both Physicians statements to HR with the resignation. The issue is resolved.

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