QUESTION
An employee fell at work ended up having sugery on shoulder, has been gone over 6 months. Do I legally have to let employee come back to work?
Asked on Nov 06th, 2011 on Business Law - Indiana
More details to this question:
This person is apart of the waitstaff. Shoulder surgery and the doctors have not released this person to go back to work yet. Do I have to let this person back to work for me? I believe that its best for the business that this employee does not come back to work at my establishment. Workmans comp has been paying her this whole time and taking care of all the medical bills. We are just waiting for the doctors to release her back to the workforce.
1 ANSWER
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As a general matter, you have no duty to employ anyone. Employers may hire and fire at will, unless a specific law prohibits the form of employment action the employer wishes to engage in. The result in your case may depend on facts that you have not enumerated, such as the number of employees in your business and whether the employee in question elected a certain kind of leave. State employment law, which varies by state, may also affect the outcome. You should consult with a "management-side" employment-law attorney where your business is located.
Answered on Nov 13th, 2011 at 7:29 AM