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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116816
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I recently was hiredt into Customs and Boarder Protection (CBP).

Resolved Question:

I recently was hiredt into Customs and Boarder Protection (CBP). I was at my duty station for 1 month pre academy and then went off to the academy. I was in the academy for approx. 7 weeks and was in good standing. During Officer Training Response (ORT) I completely tore my Achilles tendon. I had surgery three days later to repair my injury and after about a week went back to my primary residence to get better (should take, according to doctor, 6-12 months). Literally as I was leaving training they Terminated me from CBP. Director, Field Operations (DFO) of CBP stated, " I have determined that your continued employment and your retention are not in the best interest of the agency." Am i not being fired for my disability? Is this Legal?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 years ago.
Unfortunately, if you are a probationary employee, which you were, you are not entitled to the same job protection as a non-probationary employee and can be fired for any reason at all except if you can prove it was only because of your disability or in retaliation for filing a workers compensation claim. If you have such proof, then you need to file a complaint with the EEOC (and based on your statements and the timing, it appears at least as though you have some circumstantial proof of termination because of your injury).

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