Legal Question in Medical Leave in Kansas

can they make me start 90 day probation again

I got tendonitis in my wrist and had to leave work from around 18 Oct to 3 Dec and when I went back they told me they terminated me and then rehired me so I have to start my 90 days probation again. I dont understand how they can do that when I had a doctors note and I had to go to therapy. Now the holidays are coming up and I wont get the holiday pay, because I have to start the probation again, but I have to work the holidays and get paid my normal pay when I finished my probation already.Please help me to understand it better. Thank you very much it would be much appreciated.


Asked on 12/05/05, 2:29 am

1 Answer from Attorneys
Jim Wisler James L. Wisler Law Offices

Re: can they make me start 90 day probation again

Kansas is an "employment at will" state, so the general rule is that you can be terminated at any time for any reason, or for no reason. However, you cannot be terminated for making a workers' compensation claim or an Family Medical Leave Act (FMLA)claim. So the question is, were you hurt on the job? If so, you have a workers compensation claim. If you put the company on notice that it was work related, the company should have taken no adverse action against you. You have to work for a company for a year to make an FMLA claim, so that won't apply.

If your injury was caused by work, get a workers comp lawyer and pursue your claim. The employment issue should also be addressed. If you wish further help on the workers comp case or the employment issues, please contact me.

Jim Wisler

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Answered on 12/05/05, 7:25 am


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