Things Clients Want to Know (APRIL 2011)
Can I terminate someone receiving temporary total compensation?
As Ohio is an at will employment state, the Employer always has the right to terminate an employee. The question becomes then, can you use that termination to prevent the injured worker from receiving ongoing compensation. As the case law currently stands, terminating someone who is receiving temporary total compensation does not operate as a bar to receiving temporary total compensation. The theory is that during the disability period, you cannot voluntarily abandon your employment. There are many perspectives that must be taken into consideration when terminating an employee, company policy, ADA, FMLA and workers’ compensation. If you are considering termination, please contact us for guidance.