How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask wallstreetfighter Your Own Question
wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17224
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
16356563
Type Your Employment Law Question Here...
wallstreetfighter is online now
A new question is answered every 9 seconds

We have an employee who was sent to jail on May 3rd for felony

This answer was rated:

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?

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 and 7 other Employment Law Specialists are ready to help you

Related Employment Law Questions