employee probation?

Question

If a new employee is on probation and has been spoken to (written up) about a number of problems, can they be terminated after that for any just cause as long as they are still on probation? Does it have to be one of the exact things that they were spoken to about? Can they sue?

Answer 1

If an employee is in their "probation" period they can be let go without warning or discipline. Also, if they work in a state that is at-will the same applies even after the probation period is over. It doesn't have to be for a reason that you were spoken to.

Legally, the only recourse to sue would be that you are fired for your sexual preference, race, religion, military or veteran status, physical limitations, or any of the protected classes.

Answer 2

An employer can let go an employee on a new hire probation without cause. That's the what new hire probation is for. It's to give the employer a fair opportunity to try out an employee and decide not the hire them without fear of litigation. Legally, a company is entitled to it and it can be any length. Commonly it's 3 or 6 months but if none is specified in the contract then the default is 6 months. During this time, the employer can terminate the employee and not have to provide a reason. After the probationary period is over, then it's a different matter as the employer then is not only required to provide a reason but must provide evidence to support. The only recourse an employee has if terminated during a new hire probationary period, is if they can prove it was discrimination (religion, race, gender, ... ) Outside of discrimination, the employee has zero grounds to sue for wrongful dismissal.

-- Liam

Answer 3

Provided the employee is on "probation" all company rules are in play. Continued infractions should have been spelled out in the probation notice. The clause, could result in suspension or termination, was probably in that notice. A reasonable company would suspend an employee for a specific period (without pay) prior to termination.
An employee can file a grievance against the company for termination through the NLRB. Be advised that if the employee was verbally warned, given written notice of probation, continued violation of company policy, given a suspension, then terminated the NLRB will side with the company.

Answer 4

Some states are at-will employment states. If you're in an at-will employment state, no employer is obligated to keep you whether you are on probation or if you have been with the company 50 years. In fact, they don't need a reason. As the previous poster said, they can fire you because it's Tuesday.

Ultimately, I agree with previous poster who said step up and earn that job. If you can't, somebody else will... that's how you keep a job.

Answer 5

As the Illinois Department of Labour so kindly informed me once "hon, you can be fired just because it's Tuesday".

Sorry, you can't sue either. Thats why you are on probation. Its like a test period.

Answer 6

It will depend on what was written up. Generally speaking, most companies will include the caveat saying "Any future violation of this or any other company procedure will result in immediate dismissal" or "Employee must show immediate and continual improvement or will face dismissal".

If there was cause to be written up, then the employee should step up, and work on keeping their nose clean.

Answer 7

There is usually a 3 strikes your out rule. Unless it was something really bad. Then you can get fired on the spot. Go through all the rules and regulations they had you sign when you started. And if you have been there less than a month, they can fire you for nothing. I guess you can sue them if you feel you were fired for no good reason at all. But if they are in the right, I wouldn't try it.