Can I terminate an employee whose workers comp.Claim has been denied and has not returned to work?

UPDATED: Jun 17, 2009

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Can I terminate an employee whose workers comp.Claim has been denied and has not returned to work?

The injury was from a previous employer and was not disclosed at time of hiring or physical. He failed to respond to appointments etc

Asked on June 17, 2009 under Employment Labor Law, California


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I think there's a good chance that you can terminate the employee for not being available for work, but I would check with an attorney to see if you needed to give the person notice of his rights under the federal Family & Maternity Leave Act ("FMLA").  The FMLA might require you to give this person 12 weeks of unpaid leave, after which he would come back to his job or you could fire him then.  One place to find a lawyer who can work out how all of this can affect you is our website,

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