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E. Probationary Periods

Any employee who is new at a particular job, whether recently hired, promoted, or transferred, should go through a short-term (i.e., one to three months) probationary period for evaluation purposes. Especially with respect to initial hires, the first month or so is considered an introductory training period. The supervisor should evaluate the individual's suitability for the position and ask the employee to consider whether the position meets expectations and/or personal needs. A carefully structured introductory period is an important factor in establishing attitudes and work habits.

Counsel Comment #98: The problem with probationary periods is that they are often construed by applicants, new hires and employees as minimum periods of job security during which they may not be fired (i.e., "until the end of the probationary period"). To minimize this potential problem, advise all trans- ferees and newly hired employees that the company is free to terminate the worker before the expiration of any probationary period. Better still, always classify and refer to this as an "intro- ductory period" to minimize reliance on job security expectations.



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From Hiring to Firing: The Legal Survival Guide for Employers
Copyright © 1995 by Steven Mitchell Sack

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