Legal Blog

Telebriefs®: Terminating Employees Who Filed a Workers Compensation Claim

It is not uncommon for an employee to be out on Workers Compensation and use up FMLA leave in the process. As a result, employers will often ask whether they can fire the employee who filed a Workers Compensation claim, if that employee has been out a significant period of time and there is no expectation that the employee is going to be back or be able to return within some reasonable period of time. It is important to note that there is a big distinction between job protective acts such as the FMLA or the Americans with Disabilities Act and Workers Compensation statute. Workers Compensation statutes do not necessarily protect an employee’s right to be reinstated to a particular job. The intent behind Workers Compensation laws is to replace the lost earnings of an employee who is either temporarily, totally disabled or has some permanent disability because of a work-related illness or injury. Thus, under appropriate circumstances employers may indeed terminate employees who are out on extended Workers Compensation absences. To learn more about how to navigate the, sometimes, tricky path of terminating such employees, listen to this week’s Telebrief here.

Also in this week’s Telebrief: Whether activity on LinkedIn and Facebook can be considered a violation of a non-pirating provision, and how to deal with the Genetic Information Nondiscrimination Act (GINA) when requesting medical status updates.

Questions about ­­­­­the NLRB or other topics from this week’s Telebrief?

Contact Howard K. Kurman at or 410-209-6417.


About the Telebriefs®

The Telebriefs® are 30-minute, information-packed phone calls geared towards executives, HR directors, supervisors, managers, and business owners. Join Howard K. Kurman, as he discusses employment law developments occurring over the past two weeks that will most significantly impact employers nationwide. These twice-monthly phone calls are an easy way to stay current and compliant with the latest employment law developments that will significantly affect you and your company. The goal is to provide information and insights to help executives stay current with the latest workplace law developments and in front of trends, to enable proactive policy-making and management. Our guarantee: You will learn something useful, on every call!


Howard Kurman Casual-SmallHoward K. Kurman is an employment attorney. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace. Mr. Kurman offers advice on employee handbooks, employment agreements, and covenants not to compete as well as confidentiality and non-disclosure agreements. Previously, Mr. Kurman was the chair of the firm’s Labor & Employment Practice Group.

You can connect with Offit Kurman via our Blog, Facebook, Twitter, Google+, YouTube, and LinkedIn pages. You can also sign up to receive Law Matters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.