Q. We need to lay off an entire shift at our assembly plant. A few of these workers are off work or on temporary light-duty jobs as a result of on-the-job injuries. They have workers’ comp claims pending. If we lay off the entire shift, can we lay off the injured workers as well?
A. Yes. Employees receiving worker’s comp benefits are not entitled to greater job protection than those who are not.
On the other hand, you cannot choose someone for layoff because they sought worker’s . That would be unlawful retaliation and would give rise to a tort claim if it occurred.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- You could be personally liable for injuries under N.C. workers' comp law
- 11 for '11: The top trends in HR, pay & perks
- Play ball! But prevent legal risks at company activities
- Can we apply a use-it-or-lose-it clause to our company's vacation policy?