Can my employer put me on probation right after short term disabilityif there was no disciplinary action taken on me before?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my employer put me on probation right after short term disabilityif there was no disciplinary action taken on me before?

I had never received any warning or anything of that sort before going on short term disability for 2 weeks. After I came back, in 2 weeks my employer gave me a probation order of 4 months. Can my employer legally do that? I have provided them a note from my cardiologist; I do not see me going back to short term disability for now.

Asked on February 17, 2012 under Employment Labor Law, Idaho

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you went on short term disability for two weeks due to a cardiac issue and your employer placed you on probation, it sounds like a) the probation is too lengthy and b) it is possible discrimination based on a pre-exisiting medical condition. You should contact an attorney and do not tell your co-workers and then contact your state's department of labor and the Equal Credit Opportunity Commission to see if this violative of state law and federal law. My gut reaction is the company is trying to find ways to get rid of you so it doesn't have to contribute to disability payments.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption