Legal Question in Employment Law in California

Can you get fired while on your probationary period even if you gave them a doctors note to excuse you for a couple of days?


Asked on 2/11/12, 10:57 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Yes. In general unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice.

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Answered on 2/12/12, 8:09 pm

It�s actually not that simple. If the medical reason you were excused from work for qualifies as a disability or serious health condition under the law, your employer was on notice (either through the doctor�s note or otherwise) that the reason you were out was because of a disability or serious health condition, and you were fired BECAUSE you took time off for your disability or serious health condition, your termination would be likely be illegal. You should consult with an employment attorney regarding your situation to find out your legal rights. Feel free to call our office at (213) 536-4236 or visit our website at www.sarnofflaw.com and fill out an online questionnaire.

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Answered on 2/13/12, 12:04 pm


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