Legal Question in Employment Law in Missouri
Workers Comp Non-compliance
I have an employee who was recently injured on the job. He was treated through our workmans comp doctor, who release him to light duty after two days. This employee has only shown up one day since his initial release for light duty (2 weeks), missed several doctors appointments and lied to the company. If I fire this employee will he have any kind of a case against the company for wrongful termination? Or is failure to show up for light duty work, noncompliance with workmans comp doctors enough of a cause to fire this employee?
1 Answer from Attorneys
Re: Workers Comp Non-compliance
Under the facts you describe, you may be able to terminate this employee for absenteeism. However, you should investigate whether the emplpyee has been seen by any other doctors. There may be a dispute as to the diagnosis and treament decision of the first doctor. Perhaps if you issed a writtten wrning to this employee, in which you point out that the only doctor's information you have is tha they cay perform light duty tasks. Thjis gives the employee the opportunity to tell you of any other doctor's opininions. If thta does not work, then termination may be warranted. Beware - Work Comp and Wrongful termination cases are fact specific. You can only provide a few facts here. You should consult directly with an employment law attorney before acting.
Good Luck
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