Employment Law Compliance: Disciplining or Terminating a Workers' Compensation Claimant
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Learn to navigate the unique rules and liabilities of disciplining or terminating employees who are workers' compensation claimants.Address many of the difficult issues that arise when considering whether to discipline or terminate an employee who is also a workers' compensation claimant. Learn the core concepts underpinning workers' compensation statutes and the primary types of anti-retaliation provisions found in workers' compensation statutes. Examine the steps you can take when disciplining or terminating a workers' compensation claimant to avoid allegations of retaliation and, if such a claim is raised, to defeat it. Examine the interplay between the Americans with Disabilities Act and the Family Medical Leave Act with workers' compensation statutes.
AuthorsJames M. Mesnard, The Postol Law Firm
General Background of the Workers' Compensation System
Considerations Arising From Workers' Compensation Statutes
• What Are the Different Types of Anti-Retaliation Provisions?
• Consistency Is the Key
• How to Handle the Employee With Light Duty Restrictions
• The Role of the Insurance Company
• Documenting Performance Problems
• How to Handle a Retaliation Claim
Other Federal Statutes With Potential Impact on Employees With Medical Conditions
• Family Medical Leave Act
• Americans With Disabilities Act