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WC exposure

Discussion in 'Human Resources' started by Unregistered, May 22, 2013.

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  1. Unregistered

    Unregistered Law Topic Starter Guest

    If an employee, on day 2 of orientation, verbalizes that the physical training for the position causes them back pain due to an injury they had at another job , can we reasonably assume that they cannot perform the physical requirements of the position and discharge them? Can we request a dr. note confirming the employee can perform the physical duties of the job?
     
  2. army judge

    army judge Super Moderator

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    With new federal laws on health rights, don't poke around in someone's medical affairs.

    If you, as an employer are having doubts, shut it down now.

    Don't wait, don't ask, just end it.

    There are plenty of people you can hire that will set your mind at ease.

    I suggest you don't offer a reason for terminating an at will employee, ever.

    A smart employer simply says, we no longer have a need for your services.

    You simply have their full and final paycheck ready, hand it to them, tell them this is their last day, let them leave early (paying them for the day), wish them well, and say goodbye; while showing them to the door.

    Never ever give a reason.

    Giving a reason usually leads (or could lead) to trouble later.

    Just as you (the employer) needed to reason to hire them, you need no reason to terminate them.
     
    Last edited: May 23, 2013
  3. cbg

    cbg Super Moderator

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    ...and stand by waiting for the EEOC letter that is sure to follow.

    With respect, AJ, your suggestion in this case might conceivably get them sued for disability discrimination. Firing someone immediately upon their disclosure of an injury, without any kind of investigation, is setting yourself up for a lawsuit.
     
  4. army judge

    army judge Super Moderator

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    Yeah, you never know, do you?

    That's why people shouldn't risk their businesses (or personal lives) soliciting FREE advice and/or information over the internet from strangers.

    My signature has the best advice I can give anyone when it comes to legal issues.
     
  5. Betty3

    Betty3 Super Moderator

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    You can list the employees duties & have the employee take them to their dr. to confirm whether the employee can perform the duties with or without a reasonable accommodation & go from there.
     
  6. pjenvic

    pjenvic New Member

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    AJ, the thing you speak about is GINA...has nothing to do with this issue. Guest, number 1...do you have a job description/analysis? If so, did you have them review it and state they could safely perform the essential functions of the position with or without reasonable accommodations? number 2...what state are you in? In some states, exacerbation of a pre-existing condition is compensable. Number 3..If they state they cannot perform the essential functions of the job, you have the right as an employer to request medical records that pertain to this issue only. You should have an Occupational Health physician/nurse review the records and determine if you want to pay for an IME (independent medical exam). You've already hired them. You now own them.
     

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