Federal Law Protects Disabled Employees, Confuses Employers

In 2018, Federal law covering how employers manage their employees has grown complex and confusing. Navigating through the ever-changing legal parameters of managing an employee’s injury is, for many employers, into a difficult, time-consuming and costly.

Here’s a local example reported in the Insurance Journal: a locally-owned Central California grocery is alleged to have violated Federal law when it fired a deli clerk after the clerk requested an accommodation for a disability. The clerk provided her employer with a doctor’s note requesting six weeks’ medical leave for corrective surgery and time for recovery, based on a disability. Her request was denied and she was fired.

The alleged action violates the Americans with Disabilities Act of 1990 and the ADA Amendment Act of 2008. The Equal Employment Opportunity Commission filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. The suit seeks back pay along with compensatory and punitive damages for the claimant, as well as injunctive relief intended to prevent and address discrimination.

This case has the potential of being a real nightmare for the employer. While it’s possible the employer was unaware or misunderstanding of the law, ignorance of the law is not a valid defense.

If you’re a business owner, it’s imperative to know what you can and cannot do about an employee’s injury. With Federal and State law changing nearly every year, it’s almost impossible to keep up.

That’s why Van Beurden Insurance can be a non-legal resource to help you determine, in advance, what you can and cannot offer an injured, disabled employee.

Imagine having a disgruntled employee who claims an injury that you suspect may be false. What steps can you take? What rights do you have? With Van Beurden Insurance in your corner, you’ll be in a stronger position and make wiser decisions.

Of course, Van Beurden can help you find the most competitive rates for the kind of coverage you need, but what’s much more important is keeping your business alive, functioning and profitable. It only takes a single lawsuit to upset everything you’ve worked so hard to accomplish.

I would love to have a discussion with you about this topic and to discuss in further detail about the article referenced above. Please contact me via phone or email to begin our conversation.

Casey Kolb

ckolb@vanbeurden.com

Risk Management Consultant | Woodland