Legal Question in Workers Comp in California

FIRST: your workers comp policy insurer needs to get on this immediately... he gets to run up $10,000 in bills until you or the insurance adjuster denies the claim. So the claim needs to be denied immediately.

SECOND: get written notices about the job performance out immediately. DOCUMENT in WRITING the shortcomings of the performance without once mention of the supposed work injury.

I won over $100,000 for a client terminated the morning after she filed her comp claim. The idiots failed to put anything in writing about any poor performance. She had one job review that was fine. One supervisor came to testify her work was great.

DONT be these idiots. Get out memos detailing the poor performance. Call him in from home for the 65-day job review. PUT THE PROBLEMS IN WRITING and don't make any reference to the neck injury or lost time from work.

When he fails to come in for his performance review, and refuses to sign memos about his weak pre-injury performance, THEN you can terminate him...

He'll likely find a lawyer who will file a 132a Petition...if so, you'll need a lawyer at about $250/hour to defend it, and his file will be those performance problem memos and the performance review and the low sales numbers.