When Addressing a Workers' Comp Claim, Don't Forget FMLA (and ADA)!
Janette S Levey - The Employer's Lawyer
I help employers to maximize their relationships with their most valuable assets--their employees-- and proactively and creatively address workforce concerns and minimize lawsuit
If you hire or manage employees, chances are at some point or another at least one of your employees will be hurt on the job–and then you will be dealing with a claim for workers’ compensation benefits. Suppose you find yourself in such a situation and you settle the claim. Your employee receives benefits, and signs a release. For whatever reason you terminate your employment relationship with that employee a few months later. To your dismay, you then find yourself facing a lawsuit–for FMLA interference and retaliation. Your company moves to dismiss the lawsuit, since the employee already signed a release. It should be a slam-dunk, right? Well maybe not. Read on to find out why at least one federal circuit court of appeals says it isn’t….
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