Q. One of our employees is over age 70 and has had a broken foot, memory problems and a recent car wreck that caused some residual problems. Should we allow her to work? What can we do (if anything) to protect ourselves from potential workers' comp claims should she injure herself? —T.B., Georgia
A. Based on your question, I'm going to make the assumption that this older employee's job performance is unsatisfactory. You don't have to tolerate any employees', regardless of their age. You can discipline older or disabled employees for poor performance so long as you would impose the same discipline on any other employee.
In discrimination cases, the key to minimizing liability is good disciplinary documentation (i.e., documentation that is timely and specific). As far as protecting yourself from workers' comp claims, consider adopting an across-the-board policy that requires employees to obtain a return-to-work certification from a physician whenever they're out of work due to a medical condition for more than a certain amount of time (e.g., five or 10 consecutive workdays).
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/2021/workers-comp-liability-for-aging-employees "
- Ministerial exception protects churches from bias lawsuits
- As courts define same-sex harassment, beware behavior that crosses a line
- Feel free to set punishment that fits the crime
- EEOC can't sue over nationwide discrimination unless it first investigates
- 9th Circuit tackles harassment, retaliation against gay workers