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You Are Here: Home » Daily Digest, Emerging Return to Work Issues, HR & Workers Comp » Using Union Contract to Terminate Injured Employees Creates ADA Exposure

In a recent Article Published at LexisNexis – Attorney’s Goldman, Magdalin & Krikes, LLP – Highlights the importance of consulting with an employment attorney when making termination decision involving injured employees – even if the union contract states that you can terminate the employee after a specific time you may still have ADA exposure. Excellent article worth reading by our members.

Workers Compensation Exclusive Remedy

October 25, 2010 – Lexis Nexis

In the recent [California] Court of Appeal decision, Sunline Transit v. Amalgamated Transit Union, the Court affirmed a fairly well established principle that an employer may be held liable for civil penalties when the employer’s decision to terminate is based on work related injuries and even when permitted by union contract.  Remember the Supreme Court decision in Judson Steel from 1978.

In Sunline, the employee, who had filed six prior workers’ compensation claims, suffered an industrial injury in February 2006.  Two years later, the employer terminated the employee in reliance on a provision in the MOU (union contract) which stated that an employee could be terminated if absent from work due to an industrial injury for more than two years.  The employer partially relied on an AME report which stated that the employee could not return to his job duties.

 Read the complete Article at LexisNexis – Click Here

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