introductory probationary + contract

Bert

I saw the detailed discussion of the use of "probabtionary period" in the context of at will employment. What if there is an employment contract with the "term" year to year and the first six months are an "introductory probationary period." "Intro probationary period" is never defined in the contract (although the employee manual--for regular non-contract employees-- does define as time when employer can terminate at any time with or without cause). Also, the termination provision of the contract merely states that the period is specified in the "terms" section and then goes on to require cause for termination-- no mention of probationary period. The employee is in the probationary period--do we need to give cause to terminate? Any thoughts? Thanks.

Don D

"Also, the termination provision of the contract merely states that the period is specified in the "terms" section and then goes on to require cause for termination-- no mention of probationary period."

It seems to me that your contract clearly requires 'cause for termination' and does not distinguish termination while on probation from termination at another time during the contract. Unless it makes that distinction, my thought is that you would have to show cause or be able to establish it at any time during the period of the contract.

The purpose of an employment contract is to give rights, obligations and protections to both parties. Why then would a company NOT want to tiptoe through the termination process by at least having cause that can be clearly shown? Otherwise, where's the protection in the contract?



**When we do for others what they should do for themselves, we disempower them.**

marc

I think I agree with Don's position. The contract outlines the terms and conditions of the employment relationship. In this case, it defines the terms you are focusing on, though they are a bit vague with respect to the relationship between the "introductory probationary period" and the regular term of the contract. The introductory probationary period must have some further purpose than you have described otherwise why have the same provision for termination?

In any event, unless your handbook is referenced in the contract in a manner that modifies the termination provision with respect to the introductory probationary period, in my non-legal opinion, you must abide by the termination provisions in the contract, not the provisions in the handbook.

pork1

BERT: Welcome to the forum; Above you have posted the best advice from a real pro in our world. I agree with Don, the words in a contract are only written down to provide specific protections for both parties.

Where possible, I have always moved companies with whom I have been employed away from a given contract and have gone to a letter of agreement to employ. Both of which the company must be willing to stand behind the words of offer and implement, accordingly. If you must have a contract then make sure your retained attorney is involved with you in the development and the execution of same.

PORK

Brad Forrister

On this one, I'd suggest that you consult counsel. A lawyer needs to look at the contract as a whole.

If you do terminate, you should consider offering some severance in exchange for execution of a waiver.

Brad Forrister
VP/Content
M. Lee Smith Publishers