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Category: California Employment Law
Satisfied Customers: 41221
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We are an employer and one of our employees has hurt his back

Customer Question

We are an employer and one of our employees has hurt his back and is under a doctors care for a strained lumbar. So w.comp. suggested we offer light duty to keep the claim down and they are checking more into the case for fraud. So we offered the employee light duty and the first day he contacted us and said he didn't have gas money and the second day he showed up, but not in work clothes (shorts, tennis shoes, tshirt) and we are in construction. So his supervisor sent him home. W. comp. is telling us to contact the labor board to find out what is abandonment or how many days we have to offer work to meet our legal obligation. Labor Board is saying that is out of there scope so I need to consult a w. compensation attorney. So where do I get answers?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  dkaplun replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns. If there is nothing specifically in writing as far as what 'abandonment' is defined as, then abandonment is treated as ANY act where the employee walks off the job and is not available to perform his duties. There is no specific period of time, if he is refusing to appear and is refusing to be dressed properly unless he is entitled to some sort of a union-specific period of disciplinary action or investigation, you are free to terminate. If he is not under union protection, you can indeed terminate and it will not be seen as wrongful or retaliatory. Sincerely, ***** *****