Q: I was on a probationary period in my beginning of employment, my job put me in the hospital had surgery, can I be fired

I was lifting heavy objects and climbing up and down ladders and I ended up getting a cyst that ruptured on my tail bone, ended up in surgery. They said I’d be able to continue work in 4 weeks I kept in contact during and after my procedure with my company of employment, when I brought the doctors note that they required of me I was terminated due to me not being the right fit.

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: In your case, where you were terminated after a work-related injury during a probationary period, several factors need to be considered.

First, examine the terms of your employment, especially any probationary policies. Employers often have more discretion in terminating employment during probationary periods, but they still must comply with state and federal laws.

If the injury was directly related to your job duties, you may have rights under workers' compensation laws. These laws generally protect employees from retaliation for reporting a work-related injury or illness.

It's also important to consider whether any aspect of your termination violated anti-discrimination laws, such as the Americans with Disabilities Act (ADA). If your termination was due to your inability to work because of a medical condition, it could potentially be seen as discriminatory.

You should document all communications with your employer, including your notification of the injury and any discussions about your return to work. This documentation can be crucial if you decide to pursue legal action.

Seeking advice from an employment lawyer could be beneficial. They can review the specifics of your situation and provide guidance on potential legal options, such as filing a claim for wrongful termination or discrimination.

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