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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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Our employee came to work Saturday began his shift was perfectly

Customer Question

Our employee came to work Saturday began his shift was perfectly fine. Claimed that he injured himself on Sunday helping friends move. He requested to go home a few hours after starting his shift which we allowed. We told him he must go to a Dr. and bring a dr note in clearing him for work, or setting restrictions based on his out of work injury. We explained to him this is to not only protect himself but to also protect us and his co-workers. The employee was scheduled to work on Monday and called us 2 hours before his shift start saying that the DR wouldn't allow him to be seen without his parents. He is 17 and a half and isn't getting along with his parents. We informed him that he must wait for his parents and see a doctor to be cleared to return to work due to safety concerns. He didn't come to work on Monday due to not having a doctor note. He then was scheduled to work again Today Wednesday, he calls us Yesterday saying hes at a urgent care but his parents deductible is 3,000 and he can't afford to be seen by a doctor. We informed him that he must find a way to see a DR before we can permit him to return to work, as we don't want to further injure his out of work injury.
The question would be is our stance on not allowing him to return to work until he is cleared to perform his job duties, or given restrictions which we can abide by the correct stance to take? If he isn't able to see a DR due to what he claims would be his deductible for a personal injury off the job what is the best legal way of preventing any further legal exposure to his injury that happened off the job. We don't want him showing up to work and then lifting 1 heavy bag and claiming we completely injured him due to forcing him to work while injured etc.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regardYou are under no legal obligation to allow him back to work until as you requested you have the report and information your request from his Doctor. Your employee is an "at will" employee and you have no legal obligation to keep him on as an employee. I suggest that you are correct in that you do not want him to come in and then claim he was injured on the job or exacerbate his injury on the job which would make you libel.
Expert:  Samuel II replied 1 year ago.
As long as you are not hindering his employment with you based on discrimination and you are not under an Employment contract with him, you can keep him, or lay him off or terminate him as you deem appropriate for your work needs