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Work Comp / Disciplinary action
IWhen is it appropriate to take disciplinary action against an employee who has applied for workers compensation?
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2 Answers
First of all, I would always contact an employment attorney before disciplining someone who has filed a worker's comp claim; juries find it easy to believe that someone has been disciplined because of their claim.
Additional factors to consider would be:
a) Are you following a progressive discipline system and did you start the process (and document it before the person filed the claim?
b) If you are considering termination, has there been a termination review by a team of people to ensure fairness?
c) Have you given the employee every reasonable chance to succeed?
Rarely ever if not never. But that requires more explanation. Why would you discipline someone for filing a claim? Was it because the claim was absolutely proven to be false, as in the person admitted to making a false claim? In that instance it would probably be appropriate but could still be fraught with risk.
Is it because horseplay or policy violation resulted in an injury that was reported under your Workers Comp program? Again, probably appropriate but fraught with risk.
Was it because the claim was found to not be compensable? Never.
Many "what if's" exist. We could over complicate the issue by discussing all of those what ifs. Consequently, Joni's advice to consult with your employment attorney is appropriate.
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