Legal Question in Employment Law in Florida

Re: Probation Period

A company can set the probationary time for any length desired. However, many use a three month time period because that is the time limit for terminating an employee without becoming liable under Florida unemployment compensation law. Under Florida unemployment regulations an employee is probationary for only three months regardless of what company poicy states.

As to the rest of your question, it cannot be answered fully here. Let me just simply say you should treat the employees fairly and not base any employment decisions on race, age, religion, national origin, disability or gender. Check out the Department of Labor and EEOC web sites for starters. I suggest you have an attorney review your employment applications and employee handbook.

Re: Probation Period

If the employee is hired without a labor or other contract that specifies the term of employment (if year, 5 years, etc.) or protects against discharge, then the employee is "at-will." This basically means that the employee is always on probation because the company can discharge him or her without reason or notice (and the employee can quit without reason or notice) at any time, as long as it does not violate company policy (which can be considered contractual) or anti-discrimination law. (You can't fire an employee for being old, or a particular race, or religion, etc.)

For that reason, I generally advise clients not to use a probationary period. If you do, it gives the impression that the employee's job is "safe" after the probationary period ends. Since the employee is at-will, there is no need to cause this problem.

On the application, you can note that the employment is at-will. This should be prominently displayed in your policies, employee manual, etc., as well.

If you need an employment attorney to help you review and/or draft applications, policies, etc., or to review the situation, please call for a free consultation.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.