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I am an employer in Michigan with an employee on retricted…

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I am an employer in...
I am an employer in Michigan with an employee on retricted work due to a workers comp claim. Dr may be removing those restrictions soon. I was unable to keep his regular position open due to the nature of our business (contract with FedEx to deliver pkgs ever day). His temporary position is helping me in the office, but when restrictions are lifted, I do not want to continue that. I offered him the temporary position to help curb wc costs. Can I lay him off after restrictions are lifted? Will his wc wage benefits be re-instated if I do?Thanks, Sandy
Submitted: 9 months ago.Category: Employment Law
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8/3/2017
Employment Lawyer: John, Employment Lawyer replied 9 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,962
Experience: Exclusively practice labor and employment law.
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If he has restrictions lifted, in other words he can do is full time position, then you can lay him off. The trick however is twofold – one) it's illegal in Michigan to terminate someone for making a work comp claim. So you need to have a legitimate business reason to terminate him because, if you don't, he'll have a strong chance of making a case against you. Two) even though he's put back at full duty by the doctor, he can still challenge that by filing an application for hearing or even down the line sometime if the condition is reaggravated he can attempt to reopen the claim. So, you don't really get out of the claim by laying him off, and you may be opening yourself up to a retaliation lawsuit by laying him off. That's not to say that you can't lay him off, but you should have a legitimate business reason to do so and be aware that he may continue to claim because of the injury.

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Employment Lawyer: John, Employment Lawyer replied 9 months ago

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Employment Lawyer: John, Employment Lawyer replied 9 months ago

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