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

by Charles

(Florida)

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 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.

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

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Apr 11, 2012
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You didn’t say if you were also one the unfortunate ones Hard Working Woman

by: Chris

Oh Crsp! Not you again.

Undoubtedly, hard working woman, this is the position of many Americans, but it’s arguable whether you’re right in Charles case, or not.

But because this is my website .. and my position here is to try to help people understand how unemployment benefits really do work so they might win an unemployment appeal hearing .. usually filed by an employer . maybe even you, I have to take objection to your narrow minded comment that effectively clumped all unemployed people into one category of having a problem with always thinking they are “entitled”

Basically, I think you could of picked about a thousand other questions more suited for comment.

I have a problem with you because your conviction .. lacks proof that YOU feel justified to make such an ignorant statement to me, or to Charles.

I feel strongly that if a person is willing to take the small amount of time it takes to issue a lackadaisical insult, why not balance it with something to show you’re still human, like maybe something constructive about how to find a job again after thirty years of being an employee.

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.

I wonder if the forty years this hard working woman has worked for her living would count for anything in your book.

Frankly my dear, this is a rhetorical question because I don’t give a damn what you think is right for you .. only for me and someone willing to listen to my point of view .. right?

Chris

Apr 11, 2012
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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!

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