90 day probation period and workers comp.

I was working for a company for about 3 months. (Since May 15th 2006) On August 15th, 2006 I hurt my back at work. I notified my employer right away, but they still wanted me to work. When I told them I need to see a Doctor they replied "Okay, if you want to play that game." I have been having alot of problems with my supervisor from day one of working there. I got into an argument with my supervisor and told him that I am not dealing with this anymore. I was finally sent to thier doctor to be checked out. The doctor said I just have a minor sprain and I can probably return to work in a few days. When I went back to my employer to let them know the news, My supervisor told me that they have excepted my resignation and I am no longer employed for them. When I told him I am not quitting, he said that does not matter because I am still within my 90 day probation. That is not true. If you count 90 days from the day I started, My probation period ended August 12. My supervisor said I took a personal day for a court date last month, and my 90 day probation starts over.
My question is:
I feel I was let go because I filed a workers comp claim. Can I do anything about that?

Also, Is it true that your 90 day probation period starts over if I took a day off for court?

1 answer  |  asked Aug 18, 2006 5:37 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
two things

being fired for exercising your rights under the workers compensation act is illegal. in addition, any kind of discipline resulting from a compelled (you're required to appear) court appearance also is illegal. starting your probationary period over again is an illegal act. you have claims under several statutes.
you need to contact an attorney experienced in employment law. they are rare in your area - be patient.
you can find one in a city near you by looking at the cal employment lawyers assn's website, www.celaweb.org.
good luck
janet m. koehn

posted by Janet M. Koehn  |  Aug 18, 2006 8:04 PM [EST]

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