Is it illegal to fire someone for taking off work for a deposition?

[sonny]

I am the plaintiff in a medical malpractice case. I just got a new job in which there is a 90 day probationary period in which I absolutely cannot miss work or I will be fired. I think they are going to schedule my deposition pretty soon. What should I say to my employer?

[danil70]

No. It is not illegal to fire someone during their probationary period.

You just need to make sure that your deposition is scheduled on a day or at a time that you are available. Provide your availability to your attorney so your attorney can provide your availability to the opposing attorney. If you are only available on the weekends or after hours, you might be required/expected to pay the extra fee for the court reporter - but it is commonplace to try to accommodate schedules for the purpose of scheduling depositions.

[maddox]

Kasey

If they want your deposition thy will need to do it within a time frame convenient to you. Schedule the deposition for a saturday or evening after work. Get them to schedule it for after your probation period ends.

Soccerref

[ryscford]

No. Other way around. This isn't court in front of a judge. This is a statement in front of lawyers. Tell your lawyer that the deposition MUST be scheduled outside of your working schedule. Unless you're working 24/7, they should be able to do that.

[bercnan72]

If this is a deposition and you're the plaintiff then you should have some say in when the deposition is scheduled. Ask your attorney to schedule it when you're not at work. Pretty simple, really.

[philibert63]

I'd just tell the truth. You're not asking for a few days to go to Las Vegas, so the boss will probably understand.

[smid]

Uh...try the truth.