Managing Workers Comp Claimants in 2013: What to Know Before You Fire
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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. It's crucial for you to understand the legal risks so you can take the work out of managing workers comp issues and keep your organization in compliance.
By participating in this interactive webinar, you'll learn:
- How to establish a comprehensive process for deciding when to discipline, terminate, or pursue another course of action
- How to develop a process that addresses the statutes and regulations of concern such as workers' comp, ADA, and FMLA
- What employer defenses have been used successfully and how to evaluate when they would apply in typical situations
- How to factor in potential union contract requirements in the overall strategy
- What components need to be included in a job restoration program
- When an injury may constitute a disability under federal law, and the type of light-duty or other accommodations you must provide so an employee can return to work
- How to establish a documentation procedure to assure that retaliatory claims and other complications do not occur in the future
- 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 refuses to attend vocational rehabilitation
- How disability discrimination law exceptions may impact your strategy
- How to tell if adverse action is appropriate when the worker's negligence caused the injury, and if you can refuse accommodation based on the cause of the disability
- How the at-will employment doctrine and the many exceptions created by the courts may affect your right to terminate a workers comp claimant
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 presenter:
Adele Abrams, CMSP, 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. She is a Certified Mine Safety Professional, and a Department of Labor-approved trainer. She is also a professional member of the American Society of Safety Engineers, and is co-author of several safety-related textbooks. She is chair of the National Safety Council's Business &Industry Division committee on regulatory and legal affairs. She is admitted to the Bars of MD, DC and PA, as well as multiple federal courts including the US Supreme Court.
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This presentation is also available in a recorded format, in CD version, as shown in the pricing options below.
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|Licenses / Designations / Educational Credits:||PHR / SPHR Re-Certification Credits|
All US States: 1.5
|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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