Q: I have a workers comp question from the employer (Texas). Can I layoff an employee that is on workers comp?
The employee has been treated. Went on leave then came back and left again for a another 2 months and then just came back. Her same position was not available since we had to fill it but she still has employment with us. The situation is that we are losing a physician and now need to downsize several employees. Her position is one of them. Would there be any legal implications, if we let her go?
A: If you lay the employee off, they will be entitled to receive wc benefits until they are release full duty or reach MMI. You cannot fire, layoff, or otherwise discriminate against an employee for filing a workers' compensation claim; however, you can do so for a legitimate purpose such as a downsize. This may not stop an employment/ labor law attorney from making a claim, but you would have facts on your side to prove the layoff was legitimate. The employee may also be entitled to unemployment benefits as well. I hope this helps. If you need more specific facts, you might want to consult with an employment law attorney. This is not really a workers' compensation question per se.
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