Employment Law

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I am an employer and need to get some help with a workers…

Customer Question
I am an employer...

I am an employer and need to get some help with a workers comp issue we are in San Diego

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

This is ongoing, employee is not working somewhere else. His lawyer appears to be fishing and send over a petition fpr increased compensation due to employer discrimination per labor code 132(A)

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Employee was cleared for modified duty as not available to work very often our business slowed down we had no work for him after a while and have not hired a replacement

Submitted: 6 months ago.Category: Employment Law
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Answered in 7 minutes by:
1/3/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 6 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,833
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

So if the employee is cleared only for modified duty and you have records showing decrease in business and not hiring any new employees to replace them, he has no case to make. It seems his attorney is merely trying to bully you and scare you quoting the discrimination misdemeanor law to you when in fact you are not engaging in any unlawful discrimination because of his workers compensation claim. You have a right to decrease hours of someone who can only work modified duty if you do not have the work for them to do and you can document the business slow down. So at this point, your response to the lawyer is that their client is on documented modified duty and you have documents to prove a slowdown in your business such that you simply do not have the work to keep him working AND no other employee has been hired as a replacement because work has slowed down. You would tell the attorney bluntly that the employee has not been working because of his modified status AND lack of work for him under that modified status and it has nothing to do with his workers compensation claim, but his ability to work.

If his attorney persists, then you need to engage your own attorney to deal with this frivolous claim from the employee.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 6 months ago
It gets more complicated than that but that would require a little more time
Employment Lawyer: Law Educator, Esq., Attorney replied 6 months ago

Thank you for your reply.

Okay, I mean I can provide you information only based on the information you supply to me. So I have given you the basic information based on your general uncomplicated facts you provided. Did you have some follow up question about that?

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