What to Know About California’s Probationary Period for New Employees

California has many protections in place for workers, including anti-discrimination laws under the Fair Employment and Housing Act, The Family and Medical Leave Act, and many more; however, California has no legislation or employer regulations compelling employers to have a probationary period for new employees, or regulations prohibiting probation periods. Many California employers use probationary periods to determine whether or not an employee is a good fit for their company.

What Is a Probationary Period In California Employment?

A probationary period is used for training as well as for evaluating an employee to see if they are right for the job. A probationary period may be anywhere from 90 days to six months. Typically, the employee undergoes an evaluation at the end of the probationary period and the employer decides whether or not to retain their employment or end the employment. In most cases, an employee does not receive benefits such as healthcare enrollment or access to vacation days, or sick pay during the probationary period.

A probationary period for a new employee is also a time for the employee to evaluate the job position and decide if it’s a good fit for them. If they decide they aren’t happy in the position, the end of the probationary period is a good time to exit the job after explaining why they aren’t happy or why they think the position isn’t a good fit.

Employers and employees should maintain documentation of their job performance during probation and make notes of any concerns to discuss before the employee enters into the post-probation period as an employee entitled to benefits.

Does A Probationary Period for Employment Change California’s “At-Will” Employment Law?

California is an “at-will” employment state, meaning an employer does not need to have just cause to terminate a worker’s employment. Conversely, an employee also doesn’t need to have cause to quit a job but may leave at will. The at-will employment status is in place in California regardless of whether or not the employee is still in their probationary period.

California’s at-will law is an important protection for both employees and employers; however, despite the at-will employment law, an employer cannot terminate an employee based on a protected characteristic. The state’s Fair Employment and Housing Act prohibits employers from firing or failing to hire an individual because of protected characteristics including the following:

• Race, nationality, ethnicity, or country of origin
• Gender, gender expression, or gender identity
• Sexual orientation or preference
• Marital status
• Age
• Military or veteran status
• Pregnancy
• Religion
• Medical condition or disability

All California employees have these protections in place, even during a probationary period on the job. If you have been discriminated against based on any of the aforementioned characteristics, do not hesitate to reach out to our Orange County workplace discrimination attorneys.

What Other Protections Are In Place During a Probationary Period?

All of California’s workplace protections apply to all employees, including during a probationary period. Employers may not discriminate against them and may not fire an employee as retaliation for reporting wage and hour violations, harassment, or discrimination. California employees have a right to work without the threat of wrongful termination even in an at-will state and during a probationary period.