Legal Question in Employment Law in California
Previous Workmans Comp Claim
we hired a manager (paid by a monthly salary) with a pending workmans compensation claim against the former employer. our job requirements were specific and were accepted as not interfering with her previous injury claim. after 5 months of employment with assurances of no ill affects during this time on her wrists, we recieved written notice on 7-10 by her doctor that she must not report to work for 3 weeks or longer until the carpol tunnel swelling has gone away. Doctor also advised employee that her previously filed workmans comp injury claim might be rejected if she continues to work. It has also been reported by our other employees that about three to four weeks ago this manager stopped taking her prescribed medication for the previous injury. Note that no Workmans Comp claim form was requested nor has one been filed against us. We have two stores and three employees. What can we do to replace this person? What is our salary liability?
1 Answer from Attorneys
Re: Previous Workmans Comp Claim
just lay her off and replace her