Beware the Probationary Employment Period

Many private employers have provisions in their employee handbooks or offer letters providing that new employees will be subject to a so-called probationary period. Though the length of the probationary period may vary from employer to employer, the general idea is that, during a certain delineated initial period of employment, the employee is in a trial period during which he or she is being examined to see if the employer wants to keep the employee on as a “regular” ' or as some employers unfortunately call it, a “permanent” employee. If the new employee either performs his or her job duties unsatisfactorily or does not turn out to be a “good fit,” the employer either will terminate him or her at the end of the probationary period or, in some cases, extend the probationary period. Employers often labor under the misconception that they can discipline or terminate a probationary employee with no legal risk. This, however, is not the case.