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hrpro37
hrpro37, Sr. Director, Human Resources
Category: Employment Law
Satisfied Customers: 116
Experience:  10+ years of experience in human resources roles with a specialization in employment law
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Per our discussion a few days ago, I have another question.

Customer Question

Hi
per our discussion a few days ago, I have another question.
As we previously discussed, we did not have workers comp insurance and one of our employees was injured and she said that was done in our daycare. Anyway you told us to as her to go through her medical insurance and we pay for the time that she is out of work.
So we did and she agreed to go through her insurance.So her doctor has given her five weeks off to go through treatment and we agreed to pay her weekly salary without taxes on a weekly basis with personal check so she can apply for short term disability and if she gets approved then we would pay the difference between her weekly pay and what the disability insurance pays.
All of this was verbally agreed.My question is:
Do I need to get something in writing from her that she will not going to go back and sue us and say the injury was done at work?If she has gone through her medical insurance, can she ever go back and sue us again?Is there anything else I should do?Thank you
Submitted: 3 months ago.
Category: Employment Law
Expert:  hrpro37 replied 3 months ago.

Good Afternoon,

Firstly, I would absolutely not recommend paying her a personal check and not taking out taxes (this could get you in a lot of trouble with the IRS).

If you are open to continuing to pay her while she is out, you should do so through the regular payroll. If you do have an agreement that once the short-term kicks in you would just pay the difference, you can just pay less in each payroll check.

I would also suggest getting all of this in writing. An email is fine as long as the terms are clearly laid out.

Feel free to ask additional questions and please don't forget to rate me!

Thank you,

Amber

Customer: replied 3 months ago.
Now, since she has gone to her insurance for her injury can she come back later and say that get injury had happened at work?
Expert:  hrpro37 replied 3 months ago.

If you get something in writing she wouldn't be able to come back later and try to sue you. I would suggest drafting up a quick agreement and stating that the employee is releasing you from liability. Once she signs that, she would not have any ability to sue you in the future.

Customer: replied 3 months ago.
As for her weekly check, if we state in the agreement that we are paying her this money as a gesture of good will to help her financially, do we still have to okay get through payroll?
By writing this we are saying that we are just helping her financial needs and not because she is our employee.?
Expert:  hrpro37 replied 3 months ago.

Legally, that's a bit of a gray area. It would be tough for the IRS to spot it but if it is found out that you were paying her, even as a gesture of goodwill, you would be fined for not withholding taxes.

If you do decide to do that, I would absolutely pay her out of someones personal bank account and not affiliate it at all with the business.

Customer: replied 3 months ago.
Or just cash?
Customer: replied 3 months ago.
Or just cash and no checks? What about that?
Expert:  hrpro37 replied 3 months ago.

It really doesn't matter either way. If you do cash, you will want the employee to sign something saying she received it (if you don't there is no way to every prove that you paid her the agreed amount).

Customer: replied 3 months ago.
I attached an image of the document I wrote up, would you be able to make any corrections or suggestions of things to add or take out? Thank you
Customer: replied 3 months ago.
Any comments on the attached document?
Customer: replied 3 months ago.
Hi
Do I need to pay additional money to get response for the attached document?

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