Legal Question in Employment Law in California

Re: Probationary periods and compensation

Bluntly, you should get this advice only from counsel with whom you have a relationship, and whose advice you have a right to rely upon. Without knowing all the facts, reviewing all the appropriate documents, and discussing with you the risks and rewards, my response is that you might be able to do what you want. Contact me if you are interested in getting 'reliable' advise.

Re: Probationary periods and compensation

Additional facts are needed. If this employee is an "at will" employee, as presumed by Labor Code Section 2922, then "probationary periods" are likely not useful and certainly not necessary to to making decisions regarding demotions and pay. I suggest you simply make it clear in an "offer memorandum" that employment currently, and in the new position is "at will", and that the promotion is not a promise of continuing employment. Regarding "demotion", I would not even reference that possibility. If this employee doesn't work out in the new position, you, the employer, have the option of either firing her or offering her another position for which is likely more qualified. I would simply be clear that there is no promise of continuing employment now or later.