Employees' Guide to Probationary Periods

A probationary period is a time during which an employee's performance and on-the-job conduct is closely monitored and evaluated. The employer will determine the length of a probation period, but it may last weeks or months. The probationary period is generally used to make sure that the employee is an appropriate fit for his or her job. If an employee fails to meet performance expectations during the probationary period, the employee may be terminated, reassigned or offered additional training.

Probationary periods may be offered to:

Evaluation Criteria

Your employer is assessing a number of factors during your probationary period. Those include:

• Your ability to perform the work
• Your ability to understand and follow directions
• The quality of your work
• Your productivity
• How well you work with other employees
• Your attendance and punctuality

Failing to meet or exceed expectations in these categories may cause you to be terminated or reassigned to a different job, but it's important to understand that each employer has its own criteria to decide what constitutes a passing grade. Some employers may terminate any employee who performs below-average work while another employer might retain only the top 10% of probationary employees.

It is perfectly acceptable to ask your employer what criteria they're using to judge your performance, but you should also realize that unwritten, unspoken or intangible factors may also carry weight in the decision.

Probation for Existing Employees

Some organizations have an automatic probation period for existing employees who have been promoted or transferred to new jobs within the company. Most companies would not offer these new assignments if they didn't believe the employee could do the job. In some instances, companies will permit employees to return to their prior position at any time during the probationary period.

More worrisome for both employers and employees is when an existing employee is put on probation because of a decline in the quality of employee's work, the employee's interactions with colleagues, or the employee's attendance and promptness. These probationary periods may be prompted by one or more negative performance evaluations.

If you have been placed on probation because of performance problems, it's important to understand what specifically led to your probation. You should talk to your supervisor or a human-resources representative to understand the terms of the probation and what you must do to "pass" your next evaluation. A cooperative attitude will go a long way toward convincing your employer that you want to continue to work for the company.

Termination During or After the Probationary Period

Unless you have an employment contract or are a union member, you are probably considered to be an at-will employee. This means that you can quit a job at any time and your employer can terminate you at any time for any reason, or no reason at all. The exception to at-will employment would be situations where an employee is terminated for discriminatory reasons, which is illegal. In addition, some states have passed laws prohibiting companies from dismissing employees who have filed worker's compensation claims or who have reported wrongdoing in the workplace.

Many employees, however, do not understand that they can be terminated at any time as an at-will employee. Probationary periods can compound the confusion, because an at-will employee might incorrectly believe that once he has successfully passed the probationary period, he cannot be terminated. Moreover, an employee might mistakenly believe that a company has to put him on probation before he can be fired. Both of these ideas are false. Assuming you are an at-will employee, an employer is not required to offer you a probationary period, and an employer can fire you at any time, regardless of performance.

If you are fired during or after a probationary period because of unsatisfactory performance, you probably don't have a strong legal case against your former employer. However, an experienced labor and employment lawyer can review the specific details of your situation and explain any legal options that exist.

Appealing Probationary Decisions

Because probationary periods are used at the discretion of employer, no laws regulate the probation period for at-will employees. In other words, your employer calls the shots and makes the rules. This means that your employer may establish a process for appealing probationary decisions and evaluations, or your employer may be flexible in interpreting its own rules and guidelines for probationary periods.

If you have any questions going into a probationary period, it's important to address them with your supervisor or an HR representative as soon as possible. Be proactive about raising these issues, because you may not have the opportunity to appeal a decision after the fact.