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Terminating a employee in MN

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  • Terminating a employee in MN

    We have a employee that broke his ankle and was on WC when he was involved in a domestic assault with his girlfriend and was arrested for his actions. He then proceeded to violate his restraining order and was arrested a second time and is now sitting in county jail which he also violated his restraining order again when he called his girlfriend from jail.

    His WC checks have stopped and the only benefit he is eligible for is rehab and doctor visits which he is being denied because they believe he is a flight risk.

    We need to know if we can legally terminate his employment with us given his current status.

  • #2
    Re: Terminating a employee in MN

    I wish to inform you that you can terminate your employee after conducting an inquiry as to the action of employee and its impact on his employment. If you can show that arrest of the person has affected his ability to work then you can terminate his employment. Further your employment contract may also have certain provisions regarding termination of employee which may be required to be followed.

    AFF

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    • #3
      Re: Terminating a employee in MN

      Originally posted by trksmiley View Post
      We need to know if we can legally terminate his employment with us given his current status.
      NEVER take message board authority to terminate an employee, TOO MUCH legal risk involved, consult an attorney if unsure of the employee's legal rights.

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      • #4
        Re: Terminating a employee in MN

        Minnesota is an employment "at will" state. It means an employer can terminate his employee at any time for any legal reason. Hence, if the employer feels or apprehends that there is a genuine reason to terminate employee after proper verification and enquiry, the employer can initiate the proceeding to terminate the employee.


        It is always advisable to seek the assistance of an attorney who can help answer any questions you may have.

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        • #5
          Re: Terminating a employee in MN

          It is legal to terminate an employee on WC for cause. It is not legal to terminate an employee for being on WC. It appears terminating him now, would be illegal. My reasoning is it is related to his WC, in that he cannot obtain the treatment he needs due to this issue. I would wait until he is off WC.
          Due to a recent promotion, I should now be referred to as Major Obvious.

          I would not be trying to provide information and knowledge if I did not sympathize.

          Some days it is just not worth chewing through the restraints to face life.

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