Can my employer put me on probation right after short term disabilityif there was no disciplinary action taken on me before?

UPDATED: Feb 17, 2012

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Can my employer put me on probation right after short term disabilityif there was no disciplinary action taken on me before?

I had never received any warning or anything of that sort before going on short term disability for 2 weeks. After I came back, in 2 weeks my employer gave me a probation order of 4 months. Can my employer legally do that? I have provided them a note from my cardiologist; I do not see me going back to short term disability for now.

Asked on February 17, 2012 under Employment Labor Law, Idaho


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you went on short term disability for two weeks due to a cardiac issue and your employer placed you on probation, it sounds like a) the probation is too lengthy and b) it is possible discrimination based on a pre-exisiting medical condition. You should contact an attorney and do not tell your co-workers and then contact your state's department of labor and the Equal Credit Opportunity Commission to see if this violative of state law and federal law. My gut reaction is the company is trying to find ways to get rid of you so it doesn't have to contribute to disability payments.

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