Currently on a 3 month probationary period at work. What is my legal position? Can they just get rid of me?

Question

The manager there want me out. She recently held a meeting with me and wrote a letter saying that I have 10 cigarette breaks per day (untrue) has questioned my sickness ( broken toe which I have evidence of) and just is basically making me feel terrible.

She has been typing up minutes from our meeting for the past 2 days and when I questioned her about the outcome she said she was seeking legal advice and waiting on their decision.

I got sick 3 times today because of worry, have been crying, losing sleep and it seems there is nothing I can do because i have been there only 2 1/2 months.

She has let the power go to her head, hidden bullying really leaving me dangling on a string. Does anyone know what i can do?

Answer 1

Its time for you to look for a new job. Are you an employee "at will" ? If so, they can get rid of you at any time and there is nothing you can do about it. Give up smoking (its bad for you), work harder and prove yourself to your current boss.

Answer 2

Hiya - Sadly it is true that that a company can dispense with your services at any time during the probationary period.

The reason they have these periods is so that they can assess how well you fit into the company and the job role before they make the position permanent.

If what is being said about you is not true, I would recommend that you invoke the grievance procedure and complain directly to the line manager above your boss. That might make them think again, but the reality is that they do not necessarily even have to give you a reason - if you look in to the paperwork when you applied for the job, I think you will find that they spell this out pretty clearly. (It's standard practice in most companies)

If the company is like this, with a boss who you plainly are not going to get along with, why not seek something else anyway? Get in there first and simply leave.

At least then you can say to the next employer that you wern't happy there and left of your own accord to find something better.

This will stand you in good stead when looking for another job.

Hope it all works out well for you - best wishes

Answer 3

The answer will depend on more specific facts, and what state you are in. With that in mind, I can provide some general information. Most states are "at will," which means that you can quit or be fired without notice for any reason or no reason at all, other than for certain reasons such as race or age. The exact scope of protections vary from state to state, as some states also prevent firing for sexual orientation, for example. If you are in one of the few states that requires cause for firing, it will depend on whether that state makes an exception for "probationary periods," and/or whether it is determined that your termination was for a good enough reason. If you are working under a union contract, you may have additional rights.

From a practical standpoint you should consider finding a different job. Because you have not been employed for very long, the damage that will be done to you if you are improperly fired is not likely to be that much monetarily (you aren't losing a pension, for example), and if you are given your job back you will be in a workplace in which you are not happy.

If you find that you are not being hired elsewhere, see if you can find the reason why. If it comes back to false statements being made by your current employer, you should consider consulting an employment law attorney in your area.

Answer 4

The 89 day and at-will rule are not in your favour. How did you break your toe? Is it job related...a broken toe is a compensation case "broken"...such as did you bang against your work table's legs or walking on the stairs and hit the steps while performing your duty but not on your way to smoke? File a job accident claim now! If you went to the doctor, get that doctor's report and mail it certified immediately . Use that as an initiating document. After that they have to think twice before they get rid of you ! (Because you can say that they did it because you filed a claim!!). However find another workplace preferably a government job..Your threshold or patience seems to be short (quoting: "I got sick 3 times today because of worry, have been crying, losing sleep"). Everybody has worries all the time.

Answer 5

Sadly while you are under probation on a new job they can pretty much get rid of you for next to anything. Even if its simply because they "just dont like you". Some places are just like that. They work people right up till their probationary period is up, then fire them right at the very end and go out and hire a new person...then repeat it over. work them three months and fire them right before their probation is up. They do this to keep from having to pay anyone medical benefits, giving them a raise or other reasons. Its not fair-its a bad business practice and who knows it might not even be legal. But in the end you probably will be better off not working for such a company.
Work there as long as you can, meanwhile start looking for something else. If you find something else i wouldnt even bother giving them a notice. I would wait till they needed you most, then look at the manager-tell her to kiss your *** and walk out the door.

Answer 6

I'm an attorney in California. You didn't state where you are located. That is important, because the laws of each state are different. However, most people are "at will" employees, meaning that can be fired at almost any time for almost any reasons. It generally doesn't matter if you are a "probationary" employee or not.

There are some limitations. Your employe cannot, for example, fire you because of your gender or ethnic background. From the sounds of things, you would be better off in a new job anyway. Hang in as long as you can until you find something better.

Answer 7

I am sorry to say but yes....that is why more and more companies are going with the "probation period"....which they use to weed out people they don't feel are working out.....and just curious....how does a broken toe keep you from working....I have had those and they are not two bad....anyways.....I don't like they way is sounds like they have treated you......it sounds like this place would be crappy to work at anyways, so I would start looking for another job now....and if you find one before they let you go I would just quite.....

You might also go over the employee hand book(they should have one), and read over the probation policy.....this might give you a better idea of the exact policy and standard they have

Answer 8

most states support the right of business to release an employee during there probationary period with out "just cause," usually to get rid of people that management thinks will be more of a detrament to the company than a benefit.

what can you do? nothing, be a good employee, show up to work on time every time, quit calling in sick, and quit gripping, you get 10 smokes breaks a day, holy crap at 10 minutes a break thats 80 minutes in a 8 hr day that your getting paid to sit on your rump.

Answer 9

You can be sacked at any point up to 12 months into a new job without them actually giving you a reason (UK).. Sounds to me like assertiveness classes would be useful to you. better yet find another job with a nicer boss. Having said that a broken toe would not keep you out of work; my daughter went back the day after having hers set - just used crutches when she had to move around.

Answer 10

Keep working there until you get something better. In the meantime, look for another line of work. No reason to stick around when people don't want you and someone else does need you.

Only do work you find rewarding personally. Forget about the money and find work you find fun.

Answer 11

They can pretty much get rid of you unless you can prove it is racily motivated, or discriminatory, or something along those lines. It seems to me that you don't like it there very much either if it is making you sick. Perhaps your efforts would best be spent looking for another job instead of trying to cement your place in a workplace where you feel animosity.