Q: I have a work comp employee who recently threatened to "stab" another employee. Can we terminate without having TTD?
The employee is on light duty and we have been accommodating his restrictions. He made a credible threat to another employee with customers and other employees as witnesses. If we terminate, will we be responsible for lost time since he is on light duty?
A: There are two questions: 1.) Am I justified in firing an employee who makes threats to harm co-workers; and 2.) Does termination "for cause" justify terminating WC benefits. The first question requires more explication but probably. The second question is ABSOLUTELY NOT. Even if you are justified in firing an employee, WC benefits must be paid.
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