Never base hiring on workers' comp history.

Refusing to hire a worker because she has previously filed workers' compensation claims is asking for legal trouble. That could violate the workers' comp laws in most states and might be illegal under the ADA, too.

Recent case: A 20-year employee at a Florida nonprofit suffered an on-the-job injury. She went out on workers' comp but was eventually terminated when she wasn't clear to return after using all available leave.

Three years later she was cleared for work and applied for a job at the

same company. The nonprofit scheduled an interview based on her experience but cancelled it the day before, telling...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT