How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
54899578
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

We are a small restaurant in California with less than 20 employees.

This answer was rated:

We are a small restaurant in California with less than 20 employees. We have a bartender who twisted his back when reaching for a bottle of liquor. The first doctor released him to come back to work, but he wanted a second opinion and the second doctor released him with the restriction of lifting no more than 10 lbs and keeping off his feet. We do not have a job that can accommodate these restrictions. He clearly has the mindset of working the system. He is dealing with Worker Comp on his treatment and lost wages. In the mean time, we have had to hire a new bartender to fill his position. Once he is cleared to come back to work without restrictions, do we have to give him his hours back? Or can we terminate him.
Hello,

I'm sorry to hear about your situation and hope I can help.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

If you are unable to accommodate the restrictions that have been placed on your bartender then you are not under any obligation to give him his hours back and can terminate him.

Otherwise, when he is released to return to work without restrictions, you can terminate him as long as you have a basis for doing so that is unrelated to him filing a workers' compensation complaint. (For instance, not having an opening since you hired a new employee).

If you don't have a valid reason for terminating him, you could potentially be subjecting yourself to a retaliation lawsuit, since it is illegal for an employer to terminate an employee in retaliation for him filing a workers' compensation claim.

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Joseph and other California Employment Law Specialists are ready to help you

Related California Employment Law Questions