Q. How far can we go to make sure employees aren’t taking advantage of our company while they’re out on workers’ comp leave? Can we, for example, call them at home to make sure they are resting and not out working another job or otherwise abusing the system?
A. While legitimate work-related calls to the employee may be reasonable, regular calls to “check up” on the employee are not recommended. They could lead to a workers’ comp retaliation claim.
If you have concerns regarding the legitimacy of an employee’s workers’ compensation leave, you should notify your insurance carrier of your concern and let it investigate accordingly.
- Considering an employee hotline, but worried about anonymous complaints
- Supreme Court sets stricter standard for retaliation
- EEOC offers new guidance to avoid bias against employee/caregivers
- Check your policy! No privilege when e-mailing lawyer from work
- Be ready to come down hard on managers and supervisors who use ethnic slurs