Legal Question in Employment Law in New York

let employee go

Ready to fire an employee. Employee was in accident on way to job. Filed for workmans compensation, other passanger in vechile didn't file a claim, not injured. I would like to continue with plan to let employee go. Do I have to wait till he comes back to work? Firing is in no way related to workmans comp claim.


Asked on 7/01/09, 4:12 pm

1 Answer from Attorneys
Randall Brett Law Office of Randall P. Brett

Re: let employee go

While it might not be related to the WC claim in your eyes, the proximity of the WC claim and your termination action creates a presumption that the two events are linked. Therefore, you should not terminate the employee now. However, you should discuss this situation with an experienced employment law attorney in order to ensure that you do not inadvertently put your business at risk while eliminating inadequate employees. Feel free to call my office for a consultation.

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Answered on 7/01/09, 4:37 pm


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