Will I be denied unemployment if I am fired while on 90 day probation?
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?
Yes, I think if I were you, I'd be proactive about the possibility this might be in retaliation for the worker comp claim and consult with an attorney who specializes in worker compensation, but ..
I know unemployment and if you're worried about being fired during this probation period .. it has to be proven by the employer to be work misconduct.
So, to nip an employer tactic to dump employees who have already become a financial liability you can't just work until the axe falls .. you have to be proactive in the employment and protect yourself by counter documenting against an perception that as an employee the problem wasn't caused by the definition's suggesting guilt of even poor performance wasn't intentional, willful, or neglectful .. as that is what sometimes is at the root of poor performance .. even in the first ninety days.