Avoiding Post-Termination Claims From Employees

If an employee has left your business through either resignation or firing, you would imagine that your relationship with that individual is over. Unfortunately, some employees will proceed to file claims against employers in an attempt to collect compensation for an alleged hostile work environment, employment law violations, wage and hour discrepancies or on-the-job injuries.

At Gray & Prouty, we defend employers that are the subject of post-termination workers' comp claims. Since 1974, we have been a pillar in California workers' compensation law. Our attorneys are seasoned litigators who can thoroughly investigate the nature of the claim against your business/organization. We will uncover inconsistencies in claim details and present arguments that reflect the integrity and lawful nature of your business.

Contact our Central Coast office for statewide workers' compensation defense. Our firm is here to ensure that you get the quality counsel that keeps litigation costs down and delivers the results you need to keep your business going strong.

Key Points For Protection Against Post-Termination Claims

Workers' compensation stops the unemployment clock from ticking. It gives employees with alleged injuries time to collect compensation and benefits before facing the reality of unemployment. As a result, there are instances of illegitimate post-termination workers' comp claims, and they can be very costly for employers.

  • Be on the alert for illegitimate claims. Terminated employees may try to reopen old claims or file new claims on the basis of hard-to-dispute soft tissue injuries, such as progressive back injuries.
  • Work to resolve open claims quickly. Open claims mean you are open to liability. Try to take swift action and get these cases resolved so they do not come back to haunt you later when a worker is terminated.
  • Be descriptive in records of job duties and functions. When you can show that an injured employee is able to return to work with reasonable modifications, either with you or with another employer, you can make faster strides toward workers' comp claim resolution.

It Is Important To Act Quickly

Do not attempt to resolve a post-termination claim without help from an experienced lawyer. Our team at Gray & Prouty can give you the strong, experienced defense you need. Call us at 805-786-4050 or reach us via email to set up an appointment.