If an employee has been injured on the job, there are certain laws about terminating them in order to protect their right to compensation. Different types of employment require different types of termination based on the kind of contract the employee is working under. The type of injury and necessary recovery time are also factors that must be considered as some employees may be too injured to ever return to the job. As our New York workers’ compensation lawyer explains, here are a few common types of employee contracts that you can terminate someone under:
Terminating A Contract Employee
Contract employees are not treated the same way as at-will workers. Contractors get hired for special projects or specific time periods. The terms of the employment contract should set out what would be considered a terminable offense. Workers’ compensation coverage may not apply to contract employees. Since the laws for coverage vary from state to state, a contract worker may find that they do not qualify for claims for a work injury. In general, if an employee gets hurt through the course of work, they are eligible for applicable workers’ compensation if the company is required to carry the coverage. Our workers’ comp attorneys in NY share that a contract employee may be fired while out on long-term workers’ compensation only if the contract specifies that being absent from work for a set period qualifies as a terminable offense.
Terminating An At-Will Employee
Most companies are at- will. People are hired and paid directly by the company for a certain number of hours every week with no end date. There are standards to which all at-will employees must adhere. An employee handbook with the punishment system for workers who do not follow the rules or conduct themselves according to company standards is provided when someone is hired. In this book are the reasons someone may face termination. Our workers’ comp attorney serving NY stresses that filing a workers’ compensation claim is not a fireable offense. State and federal laws protect employees who are out on workers’ comp. However, someone out on workers’ compensation may lose their job if they have other underlying and qualifying offenses according to company rules; these rules must have been made abundantly clear to the employees through the handbook.
Terminating An Employee Who Can’t Return
What happens to those employees who cannot return to work after getting hurt on the job? Some injuries are too severe and cause either permanent disability or leave someone unable to perform the same position due to physical limitations. In the latter instance, the employer must try to accommodate the employee’s work restrictions. The employee can be moved into another position, or modifications to the current position can be made. If this can’t happen, either due to the nature of the work or permanent disability, the employer may sever ties with the employee.
Our attorneys can provide you guidance through the workers’ comp process. If you find yourself terminated after filing a claim, the attorney can act as your advocate. If you are in need of assistance when it comes to workers’ comp, reach out to Polsky, Shouldice & Rosen, P.C. today for help.
