Workers’ Comp: How To Discipline Or Terminate Claimants While Minimizing Your Legal Risks
|Date / Time:
If you've been considering firing an employee who is out on workers' comp leave - or recently back from it - don't make a move before considering all the angles. There are times when termination is definitely warranted, just as it would be for any other employee, but workers' comp adds another layer of risk you must manage.
Without careful planning and documentation, you could put your organization into legal danger:
- ADA: Once cleared to return to work, a workers' comp claimant may request a light-duty accommodation, which could trigger ADA protections.
- FMLA: Federal leave law may be protecting the employee's position even as you deal with the misconduct.
- Workers' comp: Job restoration rights under your state's workers' comp law add yet another wrinkle.
And don't forget about possible exceptions to the at-will doctrine. One move and you could find yourself in a heap of legal trouble.
By participating in this interactive webinar, you'll learn:
- When to consider discipline or termination - and when to hold off
- Hot-button exceptions under disability discrimination laws
- How to document your actions in a legally defensible way
- When an injury may constitute a disability under federal law, and the types of light-duty or other accommodations you must provide so an employee can return to work
- The interplay between FMLA, ADA, and workers' comp leave laws, including how long you must hold open an injured employee's position and your job-restoration obligations
- The steps you should always take - and the documentation to have on hand - so your actions don't spark a viable retaliation claim
- How to tell if adverse action is appropriate when the employee's negligence caused the injury, and if you can refuse accommodation based on the cause of the disability
- What you can legally do once a claimant who reaches maximum medical improvement isn't able to return to work, with or without medical restrictions, or if he or she refuses to attend vocational rehabilitation
- How the at-will employment doctrine and the many exceptions created by the courts may affect your right to terminate a workers' comp claimant
- What impact union contracts may have on your discipline and termination game plan
In just 90 minutes, you'll have a firm grasp on the potential trouble spots you need to be aware of before taking any action. Register now for this timely event risk-free.
About your Speaker:
Adele Abrams is an attorney and safety professional who is recognized as a national expert on occupational safety and health. She heads a nine-attorney firm that represents employers and contractors nationwide in OSHA and MSHA litigation, and provides safety and health training, auditing, and consultation services. She is also on the adjunct faculty of Catholic University, where she instructs on employment and labor law.
Cannot Attend The Live Presentation?
This presentation is also available in a recorded format, in CD version, as shown in the pricing options below.
|About Webcasts / Audio Conferences / Podcasts:|
Webcasts, audio conferences, and podcasts are presentations that you
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versions are interactive, meaning that participants can ask questions in real time, plus are a very cost-effective form of training because 1) you receive fast, convenient learning without
any out-of-office time; 2) you can invite as many colleagues as you'd like to listen in on a single phone line; 3) you incur no travel expenses; and 4) you and your colleagues are back
at work immediately after the session ends!
And though with recorded versions you do lose the ability to ask questions, you gain the ability to hear the presentation numerous
times and to share it with others in your office.
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|Licenses / Designations / Educational Credits:||PHR/SPHR|
All US States: 1.5
All US States: 0.15
|About The Provider:
||BLR® is the leader in helping organizations, and their employees, reduce safety, environmental and employment compliance-related legal exposure, stay on the right side of law, and achieve their full potential. We offer best-in-class compliance product and services that includes news, information & analysis, best practice guidance, employee training and turn-key tools delivered in a wide range of formats from online applications, live events and websites to books, CD's, Video, Posters and newsletters geared to all sized organizations and industries.
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