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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I have an employee out on a workers comp claim. At first it

Resolved Question:

I have an employee out on a workers comp claim. At first it was disability, but last week I received a letter from an attorney that he had filed a work comp claim for stress "due to psyche trauma". I have 3 employees and I am in California. I have a few questions. I need to fill his position, how do I terminate him or can I? He has lots of tools and equipment that he has left here and I need them removed to make room for his replacements tools. Can I notify him and require him to remove them?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Thank you for contacting Justanswer.com.

How long has the employee been out of work?

Do you have any idea when he may be able to work again?
Customer: replied 5 years ago.
Wed. the 17th will be one month. I have no idea what his intentions are as to returning to work.
Expert:  Tina replied 5 years ago.
I see.

If you terminate the employee, you would typically risk a suit being brought by the employee for retaliation for filing a worker's comp claim. Because of this, it is best to retain a local employment law attorney before attempting to terminate the employee.

While you are able to terminate the employee for legitimate reasons, such as performance, that should be well documented, as should any hardship on your company due to the employee's inability to work.

Good luck and take care.

Tina

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