Are there exceptions to a “90 probationary period”?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Are there exceptions to a “90 probationary period”?
I had medical documentation but my employer refused to view it and I was let go. I was seen nodding off at work. I was told not to give detail and was given a warning and returned back to work. Later in the day I was let go. I then tried to give an explanation and said I have proof of being in the emergency room and was told it is too late and was walked out. I was in the emergency room due to a car accident prior to the day and had back pain and was not allowed to give any evidence due to my probationary period.
Asked on July 25, 2012 under Employment Labor Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The law does not require probationary periods. However, employers are free to require them and to set their own terms or conditions for what happens during them. An employer could elect to terminate anyone falling asleep at work, whether during a probationary period or not, and whether such nodding off is due to an injury or otherwise--the law does not require employers to keep employees who fall asleep or are inattentive at work. The law also does not require employers to allow employees a chance to present evidence in their favor. From what you write, what you employer did is legal, even if unfair.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.