Our office is closing - when do we fire employee on workers comp? 07-09-2008

One of the employees in our 6-person office in CA is currently on worker's comp leave. The office is closing and all but one position is being eliminated. The other employees are being terminated and given severance. Should we terminate the WC employee before he is released to full duty or should we wait until he is released? By the way, the WC employee is the only employee that we relocated from the east coast.

Rita Risser Replies:

Contact a local attorney. The fact that the whole office is closing works in your favor, but why can't this employee be relocated into another position - especially since he has gone the extra miles for you by being relocated in the first place? I am more concerned about the fact he relocated, because if you had an inkling that the California office would be shut down before he moved, and did not disclose that, you have a major case on your hands.

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