Will I be denied unemployment if I am fired while on 90 day probation?

Subscribe To This Site

Eligibility

Employment Tips

Get A Job

Be Frugal

More Site Info

Will I be denied unemployment if I am fired while on 90 day probation?

by Charles
(Florida Unemployment Benefits)

I was laid off of a job I had for 30 years (facility closed). I started a new job 7 months ago. Two months after starting the job (within the 3 month probation period) I hurt my back and was put on workmans comp. I never missed a day of work while on workmans comp., but did have a few work restrictions while at work (Per MD orders).

Now that I am off workmans comp (5 months later), I was told that my initial 90 day probationary period would start all over again.

I feel my employer is being malicious by putting me on the intitial 90 day probation period (After putting in 7 months of work) with the intent of firing me. This would allow them to avoid paying unemployment.

What rights do I have regarding this and should I be proactive and obtain an attorney before I'm fired?

Hi Charles,

Yes, I think I would be proactive and consult with an attorney.

And let me tell you why:)

First of all, I know whether you are put back on probation or not is probably at the discretion of the employer, but given that you have worked for 30 years .. I know you're over 40 and the fact that you had been on worker's comp .. the entire probation thing sound "retaliatory" and your age is a factor.

So, to nip these type of problems in the butt .. as soon as you become aware of possible ulterior motives .. get a lawyer to handle the employer for you .. just so they are on notice that you are not the type of employee to just sit around waiting for the axe to fall.

And Charles, it may take more that one lawyer to find the one right for you .. I'd start with those that specialize in worker's comp claims.

Problem with a lot of lawyers is they may be only looking for "big scores" and under value the things that only require a few hours of work.

In my opinion .. American employees are not proactive enough in taking steps to protect themselves while they still have the opportunity to do something that can make a difference .. instead we wait .. hoping for the best??

Not me and I hope not you or anyone else that visits this website.

Comments for
Will I be denied unemployment if I am fired while on 90 day probation?

Click here to add your own comments

Apr 11, 2012

Get a Job!
by: Anonymous

Man, I've never seen so many people interested in getting something for nothing. Can I get it under 90 days? Can I get it? Gimme Gimme Gimme!
If you spent as much time trying to find a job as you do posting this info on how not to work, the US would be a better place.
Signed,
Hard Working Woman... All my Life!

Apr 11, 2012

You didn't say if you were also one the unfortunate ones
by: Chris

Undoubtedly, hard working woman, there are those in this world that do try to get something for nothing, and I can't argue on that count.

But since this is my website .. and the whole point was to try to help people understand how unemployment benefits really do work, I have to take objection to your narrow minded comment that effectively clumped all unemployed people into one category.

Those trying to get something for nothing. Their lives and the needs of their families is not nothing to me.

How do you arrive at such a conclusion that a question or an answer about getting unemployment benefits means these many people aren't trying to get a job?

I feel strongly that if a person is willing to take the small amount of time it takes to issue a general insult to all the unemployed people that simply asked a question, including this gentleman that had worked for thirty years prior to his experience with unemployment, it could only be because you don't have anything constructive to offer.

Get a job? Then tell them how, where, but don't assume that they don't have a job because they'd rather get something for nothing.

Question: Any unemployed people out there trying to get a job?

Tell her and those with the room to assume, what it's really like trying to get a job when 8 million jobs have been lost .. some never to return.

Up to this point, I have regularly deleted these useless comments, however I've come to believe a great deal of the problem job seekers face are in fact the attitudes and biases of people just like the hard working woman ..

I wonder if my forty years of working for a living would count for anything in her book.

Chris

Click here to add your own comments