Legal Question in Employment Law in California

Employee training period

Why should we not use the phrase "probationary period" during the employee's first three months of employment?


Asked on 1/08/00, 7:41 pm

1 Answer from Attorneys

Thomas Pavone Pavone & Cohen

Re: Employee training period

There is nothing wrong with the term "probationary period." However, in this day and age where employers are making every effort to establish that employees are employed on an "at will" basis, the term "probation" can create confusion. Because "at will" status describes a situation where an employee may be terminated with or without cause or notice, an employee who has completed the 1st three months of employment has no greater rights to the job than an employee who has been employed 1 day. Therefore, since there is no status change that occurs after the completeion of the probation period, there is really no reason for it in the first place except for qualification for benefits. Probationary periods had their beginnings in union contracts where completion of probation means that the employee is protected under the contract.

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Answered on 1/17/00, 9:23 pm


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