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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: California Employment Law
Satisfied Customers: 41220
Experience:  I provide employment and discrimination law advice in my own practice.
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I have an employee that cut his finger on a piece of granite

Customer Question

I have an employee that cut his finger on a piece of granite while at work. We took him to the doctor where they cleaned his wound, and stitched him up. They also drug tested him, and he tested positive. They put him on lite duty, but he never came back
to work. We assigned him lite duty, he said that he would be in, in the morning for work but never showed up. My question is, what is my liability beyond taking care of his finger, do I have to let him come back to work?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
To answer directly, NO, you do not have to let him return. His failure to appear is technically 'job abandonment' and that is grounds for 'cause' based termination. Since he chose to no longer appear, you no longer have to allow him to return or get further benefits.
Dimitry, Esq.

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