Columbus, OH asked in Employment Law for Ohio

Q: I have been off of work for nearly 3 weeks for medical reasons. My employer is now letting me go? Can they do that?

My 90 day probationary period is up on the 12th of this month. They said they would hire me back when I have a doctors release but I will have to start all over again on another 90 day probationary period,

Related Topics:
2 Lawyer Answers
Rachel A. Sabo
Rachel A. Sabo
Answered
  • Columbus, OH
  • Licensed in Ohio

A: If you are not eligible for FMLA leave, which it sounds like you are not because you've only been there less than 90 days, your employer can likely let you go if you have absences, even if you have a doctor's note. FMLA protects your job for up to 12 weeks. I'd recommend going back when you feel better, even if it means repeating the 90-day probationary period.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.