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    7 Replies Latest reply on Jan 18, 2010 10:05 PM by DebbyBlitzLoc

    Lay off of Employee

    cocv59 Newbie
      One of our senior employees has a pre existing back injury. He is running out of vacation and personal days. We would like to have him back when he is able to return to the work force. Is it legal to lay him off until he is well again? Is it legal for him to collect unemployment for some of the recovery period under this scenario? Is there another way to protect this guy. He does not have disability insurance? Currently he is no use to our company as he can not report to work Thanks for any advice... Bob
        • Re: Lay off of Employee
          puzzleman Tracker
          Bob, You are in a very touchy area. My suggestion is to talk to your labor lawyer and get their professional opinion.

          Other factors to think about is your employee's feelings on this subject. Before you talk with them, discuss this with your lawyer. This way you will not speak your way into legal problems.

          • Re: Lay off of Employee
            Lighthouse24 Ranger
            A lot factors affect the answer including the state/jurisdiction in which your business is located, the number of employees you have, the type of employment realtionship/agreement that exists (if any), whether you'd likely replace the employee with someone younger, and possibly several factors pertaining to the employee himself (race, disability status, veteran status, etc.). So as already advised, it would be best to consult an attorney who specializes in employment law (if you don't have one already, look for one who represents employers, not former employees). He/she will likely help you draft some type of severance/release agreement (and advise you on what to do if the employee refuses to accept it). Good luck.
            • Re: Lay off of Employee
              LUCKIEST Guide
              Lay off of Employee, Welcome

              Interesting question which leads to other questions. Who are you Bob?? What is your title or position within the company??

              You use the word "legal" twice. Legal means talk to a lawyer. Does the company have a lawyer??
              Again you use the word "we" would like him back. Did you take a vote?? How many people in the company??
              Does the company have an employees handbook?? How about a union??
              You talk about protecting the guy, Any thoughts on protecting the company??

              Food for thought, LUCKIEST
              • Re: Lay off of Employee
                mposada Wayfarer
                Well, the first thing you should do is speak to the company lawyer, they will advise you on exactly what you can do with this issue.
                then, speak to your employee and see if you can come up with a solution that does not require laying him off.
                Make sure you are covered legally because this can be a lawsuit waiting to happen, thats why is so important to do everything according to the law.


                Marcela Posada
                SitePro Website Consultant
                • Re: Lay off of Employee
                  DebbyBlitzLoc Adventurer
                  It certainly sounds as if you value this employee and appreciate the work he has provided previously. WIth this in mind, your first step should be to talk to him. Find out if he wants to take a leave of absence perhaps. Maybe there is some other position in the company that he can do while he recovers. Every state has unique labor laws, which is why it is so important to contact a lawyer before making any final decisions.

                  Talking to the employee should always be your first step! Find out what he is thinking, if he has a skillset you are not aware of that could be put to use during this time. If you value him as an employee treat him with the respect he deserves.