Q: An employee was out on disability in Jan. 2020- covid hit and we furloughed half of our employees including the above
employee. I sent letter to employee. Said employee contact supervisor today ( 4-1-2021) and was asking when to come back to work. We are still not at capacity and do not have work for employee. This is the first communication employee has had with supervisor since Jan. 2020. Do we need to create work or does furlough/layoff stand?
A:
What you do now may be the difference between tens or hundreds of thousands of dollars or not. You are at a point if not handled properly could turn into a disability discrimination claim that will cost you attorney fees and costs, a judgment against you, and even the other side's attorney fees and costs. This is not the kind of answer that can be competently provided on a short answer internet site. You need specific confidential advice from an employment law attorney who can be allowed to know all of the facts about this employee and the circumstances of the furlough and your present business situation. It is really important that you locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look on this site or speak to other business owners you know to get a referral to a good employer-side employment law attorney.
Good luck to you.
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