How long does an employer have to wait to fire an employee after a workmans comp claim?

Question

Update:

I was told I have to wait until after 30 days. I also have to make sure it is not related to the claim which it is not. But we think she is trying to file a claim against us.

Answer 1

Favorite Answer

here's what you should do... you'll probably have to wait until this employee comes back to work. you have to make sure you are firing this person for a reason NOT RELATED TO THE WORKMENS COMP INJURY!! So everytime they do something wrong, you document it (something that both employer and employee signs). In each documentation, put a warning that too many infractions can result in termination. Hopefully, the employer has been doingthis all along. Finally, after maybe 3-5 infractions, you have enough documentation to prove that this person was fired for a reason unrelated to the injury.

Answer 2

they cannot fire due to the claim...but if the worker was out of work due to injury for any length of time the employer can fill the position and simply state that there is no position available upon their return....however that employee can then file for unemployment provided they are not collecting moneies under w/c....its really sticky

Answer 3

maximum states have rules that do not enable you to fireside an worker merely because they filed a declare. in case you do, then the worker would have one extra declare outside of workers comp. you should have an unrelated rationalization for the termination. there is no longer a "time decrease". Time isn't a correct interest.

Answer 4

Do not have to! Although it could lead up to an EO complaint. So make sure you "word" it all right! Have it on paper, document & have employee sign it. Just as if he/she is being written up.

Answer 5

I don't think they hafta wait.