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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15998
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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We have an employee who was sent to jail on May 3rd for felony

Resolved Question:

We have an employee who was sent to jail on May 3rd for felony drugs. He told his supervisor that it was just for marijuana and it ended up being a grow house for mushrooms. We left his position open until May 31st. What are our rights and do we have to offer him COBRA and will he be eligible for worker's comp? How should we word the letter to protect ourselves against any liability?
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation,

wallstreetfighter :

In terms of Cobra, if the employee was terminated, you would have to provide Cobra notice to the employee,

wallstreetfighter :

In terms of workers compensation, that is for workers injured while at work,

wallstreetfighter :

he cannot claim such a thing, as he was not injured due to work, and was arrested for having a house for mushrooms, not any medical condition or injury

Customer:

What about unemployment insurance we are a right to work state

wallstreetfighter :

In terms of unemployment insurance, if he is terminated for cause,

wallstreetfighter :

he would not be entitled to any unemployment,

wallstreetfighter :

if he fails to return to work, that would be enough to terminate him for cause.

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15998
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 4 other Employment Law Specialists are ready to help you
Expert:  wallstreetfighter replied 1 year ago.
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