Legal Question in Workers Comp in Maryland
can we terminate an employee who has been out due to a workers compensation injury, they have been out over one year and we do not have a position available to return them to, this is for the state of Maryland.
2 Answers from Attorneys
You should contact a Maryland workers compensation attorney to discuss the specifics of your case. The answer depends on various factors. Generally, an employer cannot fire an employee for filing the workers' compensation claim (it's called retaliation). However, Maryland is an "at-will" employment state, meaning you can lay anyone off in Maryland for any reason or no reason at all.
Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******
I handle MD worker's comp cases. Our law provides that an employer does not have to hold a position for an injured employee if business necessity requires the employer to fill the position. However, there is also a law that prohibits retaliatory action against an employee who files a worker's comp claim. Therefore, you should document the reasons you are terminating the employee to protect yourself against future consequences.