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Gm..I was terminated from Postal Service for absenteeism due…

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Gm..I was terminated from...

Gm..I was terminated from Postal Service for absenteeism due to me being hospitalized for a stroke but they say during my 90 day probation I MUST come to work I submitted all documentation and called out according to procedures and policies and am receiving and granted benefits. they are appealing..can they win

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

Manager is who termintaed me

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Yes was part of a union paying dues but they say because I was within my 90 day probation nothing they can do..??

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Found that quite off but ok

Submitted: 3 months ago.Category: Employment Law
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Answered in 18 minutes by:
4/3/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,950
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The US Supreme Court and federal courts as well as Federal Civil Service, hold that employees under probation do not have the same appeal rights or job security rights as employees not under probation. IF you were unable to go to work because of health reasons, you were not protected under the Family and Medical Leave Act under 90 day probation and the employer has a legal right to terminate you for no reason at all or any reason at all and you are treated like any other at will employee.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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