Legal Question in Employment Law in Ohio

Can a company terminate me for missing work due to emergency surgery?

worked for company through temp service for several months and then was hired as full time employee. I had almost completed 90 day probationary period when I was hospitalized for sudden illness requiring surgery. I was informed by my company that i was terminated and could be rehired after doctor released me with no restrictions.


Asked on 6/07/10, 11:39 am

1 Answer from Attorneys
Neil Rubin Neil S. Rubin, Attorney at Law, LLC

This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

Yes. The Family Medical Leave Act (FMLA) does not protect you because you have not yet been an employee for one year. The 90-day period is the company's own policy and is not compelled by any law. Further, the company can change its policy at any time it wants. Under your circumstances you have no legal recourse, however, they put you on full-time and then stated you could be rehired. This is positive. So get well and reapply is the practical advice I can give you.

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Answered on 6/07/10, 4:10 pm


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