Sessions and Kimball Employee Rights Tip: Turn Probation into Job Security

How to turn probation into job security!

It is fairly common for new employees to be put on probation for a few months. Probationary periods usually include fewer rights than after that period. During the probationary period, employees usually do not qualify for vacation, sick leave and other benefits. They are also more subject to being fired, even without cause, than they would be after probation.

That presents a problem for employers who want to fire employees, at will, with or without cause, after probation has ended. If during a probationary period, employers can terminate employment without good cause, some courts say that once it has passed, good cause is needed to wrongfully terminate an employee.

Employers can avoid this apparent inconsistency by calling a probationary period an “introductory” or “training” period, and by clearly defining employee rights before and after that period.

Employees, use your completed probationary status to argue that you can’t be fired without cause. Replace job insecurity with security with this Sessions and Kimball Employee Rights tip.

Don D. Sessions, an employee rights attorney with Sessions and Kimball LLP, author and law school professor, helps employees enforce their rights. For questions, call Sessions and Kimball at (949) 380-0900 © Don D. Sessions