can a job fire you for getting injured and I have only workd there less then 90 days?

Question

I started working a new job at a daycare and I have been working there less then 90 days I worked there for only one month and a day and then I spraind my ankled it is a 3ed degree sprained ankle and I have been out for 2 weeks and I am going to be out for 2 more weeks and my job is thinking about firing me or letting me go can they do this?

Answer 1

If it was an on the job injury, then they are putting themselves at a very big risk of lawsuit from you by firing you. Hopefully you have filed a worker's comp claim if it was on the job.

If it was not worker's comp, then yes, they can fire you for not being able to do your job. It doesn't matter whether you worked there 3 months or 3 years in that case, although the longer you work there, the more they would know about if you are a good enough worker to wait for.

Answer 2

I'm not sure why a sprain would keep you out of work, but that's not your question.

Normally, you have several weeks, with a doctors note, to take medical leave. Have you provided a written note from your doctor stating that the injury is to severe to allow you to work?

If so, then you might have an issue. Contact your labor board, and ask them the laws regarding this.

Keep in mind that you employer has a right to fill that spot. They still have to make money, and daycares are required to have a certain number of employees based on the number of kids that they have there.

Answer 3

If the injury happened at work then they should have allowed you to file a workers comp. injury. Your job is not protected when you open a claim for benefits but you can get care and treatment for the injury. Since you have only worked there for such a short time you are not in a situation where your job is protected by any laws (FMLA). They can replace you either way.

Answer 4

You might want to look at the source box. No they cannot do this and you are in a very strong position to obtain compensation.