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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 41037
Experience:  30 years in Employment law
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We have an employee that had a preexisting conditions that

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we have an employee that had a preexisting conditions that he did not disclose on his application or on the forms he filled out for his fit for duty physical. He had a injury to his shoulder from playing baseball, he says it goes out now and again, he dislocated it at work and popped it back in. He reported the injury only because he couldn't come to work the following day due to pain. That was the first he told anyone about it. This injury was not witnessed. As soon as I was notified in HR I sent the employee to the MP for our worker's comp insurance. He is now on modified duty. Unfortunately I can only modify his duty temporarily. I have no positions available to him that fit his restrictions, I'm providing additional training that is not standard training we provide to our employees, temporarily until he goes to his next doctor's appointment. If he is unable to return to work I will have to cover his duties by hiring a person for that position. I would have to have him go on full disability at that time and if this is a chronic injury he will not be able to return to work.My question is when can I terminate him. Can he be terminated for not disclosing a condition that would prevent him from performing the job he was hired to do?Thanks
Mardi Meadors
Integrated Performance Consultants, Inc.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Mardi you cannot terminate him unless they find it is a work injury and permanently disabled.At that point they will settle with him and he cannot return to work.If they release him on the other hand for full duty he would be able to return to work.You are going to have to see how this turns out from the wc doctor to know what your next step is.Again if the wc doctor finds he is permanently disabled and unable to return to work then you are able to terminate here.See how it goes abit with wc doctor he really controls your decision and options that you can utilize in this situation.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Customer: replied 3 months ago.
Thanks. It was what I thought but nice to confirm. Sorry for the delay in rating you.

ardi have a great day and thanks.

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