Labor Law Questions

[jdc1101]

I have just started a new exempt salaried postion and am in my probationary period in NC. I have become ill and unable to work until I either get well enough to return or have surgery. I have no health insurance as yet. What rights do I have regarding my job status, and what or how much information is my employer have a right to have. Can they terminate me for this and would I be eligable for unemployment. I have provided all information regarding why I have been absent via doctor excuse. It has not been until I saw a specialist that the problem has come to light regarding my illness. Another troubling issue is that my supervisor called me at home and accused me of being out running around because I didnt immediately answer my phone. Since I do not have insurance as yet we have tried to treat this medically until coverage comes into effect. What are my rights?

 

[cbg]

When you say you have just started the position do you mean that this is a new employer, or just a new position with your same employer? It makes a difference to the answer.

 

[jdc1101]

I was meaning new employer of which just called and fired me this morning as I was getting ready to go to my doctors appointment.

Thanks for the help!

 

[cbg]

Since you have worked for the employer for less than a year, you are not entitled to any protected medical leave and it is legal for them to fire you for an extended absence, even if medically based. You will not be eligible for unemployment for any period that you are medically unable to work; you should be eligible when you are cleared to begin work again.

A doctor's note has no force in law unless FMLA is involved, which is not the case here.