Fired without reason - Is there a minimum time at job to have any legal protection?

[findway]

Dear Legal Experts:

I worked in a management position for 7 months with the recent employer. I had taken 2 1/2 Weeks to treat a medical problems that developed after I started this job and because of this job. I was advised to take care of this health situation by the senior management and that I had their support; that was main reason I took the medical leave. When I provided a start date to return to work (the following Monday), I was asked to wait to be contacted by HR. I got a call and the person from HR said my employment is being terminted effective immediately (same day of the call) and no reason was provided and told me that I have to pay back the money for the time taken on leave.

When I left on this medical leave, I left on good terms with the CEO and the CEO had assured me of his support as I deal with this unforeseen health issue. If anything, I was encouraged to take care of my health first. I'm puzzled by this development. BTW, I can perform all duties of my job except travel due to a specific disabling condition until I'm fully recovered.

At my level, having a termination clause in the employment contract is pretty standard but when I joined this organization, I asked about this (in writing) I was told that the company has very low attrition and if the company had to end the relationship from their end, I would treated fairly in terms of any exit package. But I was given none.

My obvious question; what are my options here?

Apart from the disability/medical situation created due to this job, I'm left with sudden loss of income without any explanation whatsoever.

Since I have not even completed 1 year of employment, DO I HAVE NOT ANY LEGAL PROTECTION in this situation through CA state laws or Federal laws?

Thanks.

 

[cbg]

Since you have not completed a year's employment, nothing in either Federal or state law (in any state) protects you from being fired for excessive absences, no matter how well documented as to the medical reason.

 

[presutin]

when I joined this organization, I asked about this (in writing) I was told that the company has very low attrition and if the company had to end the relationship from their end, I would treated fairly in terms of any exit package. But I was given none.

Unless it was expressly written in a contract that you were going to be guaranteed any kind of compensation for an early exit, you do not have any legal recourse.

 

[findway]

Cbg:

Regarding "fired for excessive absences"......I have a letter approving 3 weeks of personal leave for medical leave and disability and it goes on further to explain short term disability and long term disability. Does it make any difference?

 

[findway]

presutin,

If I have an offer letter that specifies the mutually agreed upon terms of employment and both parties have accepted and signed the same (by an officer of the company), isn't it considered a 'contract'?

Also, does the "three major exceptions" to the employment-at-will doctrine, accepted by the state of CA, apply irrespective of the minimum one year employment situation?

Thanks

 

[presutin]

The sticky issue here is that it is a letter (an acceptance letter is not really a contract). A contract reads all the good and bad stuff you negotiated with a company so unfortunately, you don't have a lot of leverage on this issue.

Now, regarding the three major exceptions, here is a link for you to see what applies or not in your case. Hope this helps!

http://www.employeeissues.com/fired_job.htm

 

[cbg]

No, it really doesn't make any difference. There is nothing in the law that says as long as the leave is approved in advance, it cannot be held against you.