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Topic: Legal Termination of an employee
Messages (5) Visitors (1555)
Sal Rodriguez
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Legal Termination of an employee
11-19-2011 / 11:42 pm #1
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I work for a wood mill company in Georgia. Georgia is a "at will" state. We have an employee who is less than 90 days on the job, his performance was very low so the supervisor write him up and more or less told him better improve or he will be terminate. The same night of the write up the employee claimed he has hurt his back. We suspected was a bogus claim but we take him to the Work Comp DR. which diagnosis was a pulled muscle.
The WC adjuster conducted an interview and determined the injury was not work related so they are denying any coverage, now since the injury is not work related according to the adjuster can I fired the employee?
I don’t want him back on the premises cause he may be fake another injury.
Modification count: 1
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Haitham Salem
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Re: Legal Termination of an employee
11-21-2011 / 2:33 am #2
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Hi Salrod
the only thing that you can do is to extend the probation period date and consider this period as unpaid leave , and if he repeated the same action you can terminate him with the reason of un fitting health conditions.
regards
Haitham
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Sal Rodriguez
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Re: Legal Termination of an employee
11-21-2011 / 7:32 am #3
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Thanks for your response. I really dont want to extend the probation period, I want to terminate him completly once as for all.
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Haitham Salem
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Re: Re: Legal Termination of an employee
11-21-2011 / 9:17 am #4
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hi
i think and from a legal and HR perspective side its better to extend the probation and follow certin steps before firing him
Modification count: 1
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abdulmumin jimoh
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Re: Legal Termination of an employee
11-22-2011 / 12:13 pm #5
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Legally speaking and from HR point of view,just extend his probation period and keep him under watch, i believe you have to do these, because if you allow your anger about this employe push you far, you may find yourself in a diffiecult position...Goodluck
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