Legal Question in Employment Law in California
90 Day Probationary Period
I'm used to working in companies that use the 90-Day Probationary period to judge and terminate employees at will within that time period. My current company doesn't use this because they're new to California and don't understand ''at will''. If the 90-Day language has been relayed to employees, can we still terminate for just cause within that period?
3 Answers from Attorneys
Re: 90 Day Probationary Period
Absent evidence to the contrary, employment in California is presumed to be at will. I'm not sure I understand your question, but 'just cause' is probably not even necessary. The employee can probably be terminated for no cause. Email me if you'd like to explain in more detail.
-Ben
Re: 90 Day Probationary Period
An at-will employee can be terminated at any time (90 days, 9 months, 9 years) with or without notice, with or without cause. You may not,however, terminate even an at-will employee for a reason that is against public policy such as discrimination or whistle-blowing. If you want further assistance in formulating policies that will protect the company, feel free to call me @ 805/641-6600.
Re: 90 Day Probationary Period
CA is 'at will' employment, and the company can hire and fire as it pleases, subject to the law and to any policies they have. They need to have counsel educate them, and they need to have proper policies in writing. If interested in discussing a policy manual, contact me.
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