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NInety-Day Probation Period

DelLoriSheilaDelLoriSheila 3 Posts
in HR & Employment Law Vote Up0Vote Down
Last year I attended a Human Resources class put on by Skillpath. The speaker mentioned something about the inability of firing an employee without cause during their first ninety-days. If you decide the employee is not going to be able to meet the job performance criteria before their ninety-days is up does the employer have the right to just let that employee go without first following the companies progressive discipline policy?

Thank-you


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  • ray aray a 5,703 Posts
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    The whole idea of the 90 day Introductory Period is to determine which new ee's are going to make and which are not and weed out the one's who will not make it. We give them short evals at 30, 60, and 90 days to keep them informed of their progress. Anyone who scores and does not take steps to improve is let go. Most commonly, it it due to poor attendance. If I can give objective evidence of poor attendance or performance, they do not receive UI. Once the new ee is beyond the first 90 days, then we follow our progressive discipline process for those who are deficient.
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  • WhateverWhatever 1,945 Posts
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    I would add, that all new employees are told about the 90 days probationary period.
    Of course, you're from California so there might be a very strange law on the books.
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  • DiBurnsDiBurns 6 Posts
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    1. You need to check what your progressive discipline practice calls for, if it says it applies to all employees regardless of tenure, then it does.
    2. Is CA an 'employment at will' state? If so,you can term an employee for any non-discriminatory reason - or no reason - at any time, unless there is a bargaining agreement in place.
    3. Do you have a bargaining agreement? If so, check what that says.
    4. Some labor attorneys say you shouldn't use any language that identifies a 'probationary' or 'introductory' period, because that implies that when that period of time is over, the employee is 'permanent' and you are stuck with him/her until he/she decides to leave.

    As a practical person, if you don't have anything in place that limits you, I'd give someone a chance to prove him/herself and keep the communication open during the first couple of months. Then do what you feel is best for the company.
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