If an employee on Workers Comp and gets permanent disability, can you terminate their employment?

Get Legal Help Today

 Secured with SHA-256 Encryption

If an employee on Workers Comp and gets permanent disability, can you terminate their employment?

The employee has been on workers comp for 2 years and has now been given permanent disability. We don’t have limited work available and when he was offered some a year ago he did not take it. Would he have a case for wrongful termination at this point?

Asked on July 17, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If he cannot do the job he was employed to do, even with some "reasonable accommodation" (a not-too-expensive or -disruptive change in rules or procedures, or a not-too-expensive assistive device, such as dolly to help him move things he must move as part of his job) then you can terminate him without penalty or liability. The law does not make employers keep employees who simply cannot do their jobs.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption