We have a temporary employee that tested positive for post accident testing. Since he is a temp/seasonal and we want to end his assignment.  He goes back to the physician on Friday- hopefully getting released. Is it better to terminate after his appt so his claim is closed.  Just want to get a second opinion.

If you are terminating the individual because he violated company policy related to your drug free workplace policy, then you should be safe to terminate him at any time.  Make sure you have such a written policy and that you are consistent in enforcing it (e.g. termination if testing positive). 

If you are terminating the individual because his assignment ended, be clear in your documentation that the assignment did truly end.  Do not terminate him and then hire a new person to fill that assignment soon after.  You want to avoid any indication that you are terminating the employee in retaliation for filing a workers' compensation claim. 

Make sure your documentation is in order.  The individual will still be entitled to his workers' compensation benefits, regardless of current employment or not.  He may be subject to a 50% decrease in wage compensation while out of work due to testing positive; however medical is always 100% paid.

Good luck 

---

Cynthia Monroe, SPHR

Actually, it depends on what state you are working in... we have a number of states, and all of their laws vary - and in most cases you can eliminate TTD payments if you can show that you had modified/regular duty available, and if not but for the fact that they tested positive for drugs, they would be working.  Just make sure that you follow this rule across the board.

Your company Drug/Alcohol Policy would dictate your next step. In Colorado, we would terminate this employee immediately. If he had a WC injury, medical TX would continue until release by the phsyician. However, termination for cause would block his receiving TTD. A strong Durg/Alcohol Policy, new employee orientation with signed acknowledgement by the employee would be sufficient doucmentation.

Assuming you have a drug and alcohol policy including confirmatory testing and MRO services... and you have followed theses policies / procedures ... and followed all applicable laws... you can terminate accordingly.

 

I am assuming that he a not from a temp service.  If that was the case all you need to do is send him back to them.

Fire his butt!!!!!!!!