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Question: I have an employee who has been on Workers' Compensation for two years. At what point can I terminate him?

Answer: An employee who is on workers’ compensation may be terminated only if the termination is clearly unrelated to the workers’ compensation claim. It is illegal to discharge, threaten or discriminate in any way against an employee because he/she has received an award from, has filed or even intends to file a workers' compensation claim. If found to be in violation of the law, the employer is subject to financial penalties of up to $10,000. Further, the employer may be required to reinstate the employee and reimburse him/her for lost wages and benefits.


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