You don’t have to create permanent light-duty work for injured workers.
Recent case: Bruce fell 25 feet from a utility pole while working as an electrical lineman. After several operations, Bruce returned to work using a wheelchair. His employer assigned him to do dispatch work. The company had a policy that allowed employees six weeks at full pay if they were unable to perform their regular jobs for any reason.
Bruce was terminated after six weeks and sued, alleging retaliation for filing a workers’ compensation claim. He argued he should have been allowed to keep the light-duty position.
But the court rejected his claim. It reasoned that employers can terminate employees under such a policy as long as they apply it uniformly. (Adams v. Oncor Electric, No. 05-11-00618, Court of Appeals of Texas, 5th District, 2012)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Federal agencies now must pay for discrimination judgments
- Prison time for contractor who didn't report shakedown
- With eye toward defending disability lawsuit, track medical condition before termination
- If you ignore legal notice, you lose