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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.

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