can an employee be dismissed for ill health during a probationary period? for example if they have had a stroke?
2007-05-02 01:55:26 · 13 answers · asked by K225 1 in Business & Finance ➔ Careers & Employment
Yes- most of us work in At Will States (if you are in the US). So, your probationary period is a trial and they can let you go for any reason.
2007-05-02 03:39:06 · answer #1 · answered by kam 5 · 0⤊ 0⤋
Hi, best to state your location when you ask such a question, as local and international laws vary.
Some seem to have replied from the US and others from the UK. In the UK, even after probationary period, it is still possible to be dismissed for ill health. Definitely so during the probationary period. Sad, but true.
If in the UK and would like more information, see your local Citizens Advice Bureau, here's there website for more info :
http://www.adviceguide.org.uk/
Good luck! Rob
2007-05-02 02:14:01 · answer #2 · answered by Rob E 7 · 0⤊ 0⤋
It's totally possible. During a probationary period, a new employee can be dismissed for any reason the employer sees fit.
2007-05-02 01:59:53 · answer #3 · answered by zippythejessi 7 · 0⤊ 0⤋
Arrgh. I am SO frustrated by the people that just answer questions on here like they're experts and don't even know the correct answer! (Dawn B!)
During a probationary period, either the employer or the employee can decide to terminate the employment for any reason at all, except one that is specifically prohibited by anti-discrimination laws.
The short answer is "yes."
In some "employment at will" states, this right of either party to terminate the employment at any time without notice is extended beyond the probationary period.
2007-05-02 01:58:33 · answer #4 · answered by Scotty Doesnt Know 7 · 1⤊ 1⤋
It depends on the company, for serious illnesses such as a stroke, heart attack etc. employers have the right to let the person go as their recovery period can be outdrawn and slow. Any company with ethics would give the person a chance to come back when fully recovered, but would not keep them during the illness on the payroll. The would be terminated and re-instated as they need to hire and replace the sick person.
At least that's the way it would have been done in the company I've worked for.
2007-05-02 02:12:20 · answer #5 · answered by Mightymo 6 · 0⤊ 0⤋
Hmmm. Not sure on this one. Although you do not have access to a industrial tribunal, the Disability Discrimination Act might outlaw this. If it can be proven that the only reason for your dismissal was becase of this health condition.
Have you signed up to a union? If so, they will be able to advise you. Otherwise, you may have to contact an employment law specialist solicitor offering an initial free consultation.
2007-05-02 02:05:15 · answer #6 · answered by Tufty Porcupine 5 · 0⤊ 0⤋
I'm afraid so, that's why company's use probationary periods, they can dismiss you for any reasons and you have practically no rights.
2007-05-02 01:58:41 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Second response has it right. Different flaws in the law I'm afraid for this sorta thing. But the extreme circumstances relating to the type of illness you have suffered, surely could lead to a pay out from someone.
2007-05-02 02:03:26 · answer #8 · answered by dj8t4 2 · 0⤊ 0⤋
If you are in the uk you can be dismissed at any time within the first 12 months without any reason being given.
2007-05-02 02:16:11 · answer #9 · answered by D B 6 · 0⤊ 0⤋
Yes in most cases., best check with your labour board.Its a no win deal if you fight it they will look at a way to get you out
2007-05-02 02:01:30 · answer #10 · answered by Grand pa 7 · 0⤊ 0⤋