I think i was wrongfully terminated....what can i do?

Question

i started a new job in mid april of this year, then at the end of june i had an accident at home that left me unable to work for sometime. I had mrsa, and blood poisioning and required surgery and 2 months of physical therapy for a deep wound to my heel. my company (an industrial company) paid my insurance disablitlity short term and was starting on long term when I told the doctor that "I really needed to get back to work" And while I was on disablity, I was promoted to an office job so I wouldn't be out in the field (eg dirty refinery). Today was my first day back to work and at the end of the day, my boss called me into his office and told me that "I had not fulfilled my 90 probation, and that I was fired". I understand that since I had not worked for this company for 1 yr, I was not entitled to FMLA, but also, since I was on medical leave (prescribed my my infectious dis doc, wound doc and surgen) it seems to me that my 90 day's would be "on hold".

I would think that if they were unhappy with my situation, they would have let me know about it prior to today, but never did they say anything, I kept in contact with my boss weekly to let him know my progress. I don't understand that if they were so unhappy, why did they promote me, and I was never told about a 90 day probation period even if your on medical leave....do I have any recourse?

Answer 1

First, I would not call your move to the office a promotion. I am pretty sure it was not that. They created an office job until their lawyer got back them and told them they are not required to hold a job for you when you became disabled off the job.

Answer 2

You would have to look into your 90 day probation requirements to see if there are any exceptions. I would say, probably not. The reason they waited to fire you until you came back are quite obvious. Had they done so while you were out, you could have milked that injury for all it was worth and could have gone on to long term disability for an extended amount of time costing them thousands of dollars more.

If something like this should ever happen again, never go back to work until you are absolutely ready to. As a matter of fact, I believe you're still insured for at least 30 days. Go back to the doctor immediately and get back on your company disability. I don't think there is any other recourse but you might check with an attorney on this.

Answer 3

You had not completed your probationary period prior to being injured therefore your probation tolled until you returned back to work....which obviously was today.

Your employer does not have to give cause when they release under probation...they have the right to release without cause.

Quite frankly it sounds like your former employer (because you have been legally terminated) was more than generous and actually followed the rules right up through the very end of your employment.

While you as the employee may feel that they terminated you wrongfully the reality is they terminated you correctly.

Answer 4

It is unfortunate, but if you were on probation when the accident occurred, they have every right to terminate you. You have not provided any benefit to the company during your absence and your tasks had to be completed by somebody else. In reality, unless you are in a specific state that has laws to the contrary, your job is only available at the pleasure of your employer and you can be terminated for no reason at all except unless it is a case of discrimination.

Answer 5

You can always call the Canada Labour Board to investigate the company's actions. If you have provided medical documentation on a timely basis and it was legitimate, the company does not have the right to fire you whether or not you finished the probationary period. I would keep up the fight if I were you.