Can an employer rescind an offer due to a temporary disability?

UPDATED: Sep 30, 2022

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Can an employer rescind an offer due to a temporary disability?

I had accepted an offer of employment on 06/01 with a scheduled start date of 06/280. However, on 06/14, I was hospitalized unexpectedly and an emergency surgery was performed. I informed my new employer and agreed to work part time during my disability period of 6 weeks. No further expectations of me were communicated. On 07/07, I received a verbal warning after being too ill physically from the surgery to work one day. The verbal warning stated that had they known I wouldn’t be able to be there every day, my offer would have rescinded. On 08/04, my employment was terminated due to my attendance during probationary period. There were no other attendance violations, with the exception of leaving after 6 hours for an ill child. I should also mention that I am in a salaried, professional position. I would like to pursue an EEOC claim, do the terms of disability discrimination exist during the probationary period in a right to work state?

Asked on August 4, 2016 under Employment Labor Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

An employer is not required to employ or retain someone who misses work without that absence being covered by earned paid time off or PTO (like sick days), FMLA leave, or other legal right to be out (like potentially being on state disability). If you had not started yet, your would not have been able to  take FMLA leave and most likely did not yet have PTO; therefore, you could be terminated for attendence reasons, even illness/medical-related attendence reasons.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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