Legal Question in Employment Law in California

Probation period and Cancer

I started working full time for my employer in Dec. 04 to the present. I was given a 90 working day probation period. In the time since ai started, I was diagnosed with breast cancer. I missed partial days of work for Dr. appointments and missed a couple of days after my surgery. I forsee missing more days of work due to radiation and chemo treatment but intend to work through it as best I can. Even though I have worked for my employer over 90 working days, I was told that because of missed work and partial work days, I would have to start my probation period all over. During my probation period I have been praised and given a raise due to my exceptional work performance.

Should I have to start my probation period over again? Should I stress out because of miss work due to my illnes?


Asked on 3/28/05, 7:51 pm

2 Answers from Attorneys

Alden Knisbacher knisbacher law offices

Re: Probation period and Cancer

What benefits kick in after the 90 days? The "policy" seems illegal -- it's applied to you and not others because of your condition. You should also be entitled to time off from work as a reasonable accommodation for your medical condition. Stress is something that you should talk to your doctor about -- you should try to avoid all stress and know that regardless what your employer does -- whether it's legal or not -- you will move on with your life (and take appropriate action if the employer acts illegally.) Feel free to contact me through the email below. Good luck.

P.S. Attorneys like us give tons of free advice and work primarily on a contingency structure -- BIG PHARMA is pushing a contingency fee cap

of 20% -- to limit our fees -- for the November ballot. . . watch out for it, tell your friends about it -- and vote NO -- you never know when you'll need a lawyer and can't pay hourly fees. . . If this passes, many cases will not be taken unless you have the dollars to pay an attorney up front.

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Answered on 3/29/05, 5:38 pm
Terry A. Nelson Nelson & Lawless

Re: Probation period and Cancer

An attorney may be able to convince the company to not impose new probation. It is a difficult situation you are in, since you have effectively 'failed' probation by missing time. You problably don't yet have FMLA or disability leave time, as a new employee. Contact me if intertested in pursuing this.

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Answered on 3/29/05, 8:20 pm


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