If an employee is on light duty but has refused to work because of pain, can the company terminate his employment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If an employee is on light duty but has refused to work because of pain, can the company terminate his employment?
The company will continue to pay medical expenses, however the employee was given light duty yet refuses to do ANY duty. He is essentially getting a paycheck for non productivity. What can the company do legally without being sued.
Asked on September 23, 2010 under Employment Labor Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Please consult with an employment attorney before acting--every situation is different, and the potential liability if you act improperly is high enough to make the cost of the attorney's advice well worth it.
That said, as a general rule, while a company must make "reasonable" accomodations to a disabled employee, it only has to make "reasonable" accomodations. Thus, if the company could move someone to light duty--there is a job or need there; the person has the skill set; etc.--and does, then the person refuses to do his accomodated duty, the company could terminate him. There is no obligation to pay people for not doing a job or to make up "do nothing" jobs for them. (Noted though, that if there is an employment contract, including a union agreement, you need to see what it says on the topic, too.)
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.