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90 Day Probation Period for New Hires
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90 Day Probation Period for New Hires
Discuss workforce management, performance management, retention, communication, motivation, contributing to business results and other topics.
I would like to query the forum to find out how many of you have a 90 day probationary period for new hires, and get your thoughts on the pros and cons of such a policy.
Thank you.
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Forums » Topic Forums » General Forum » 90 Day Probation Period for New Hires
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90 Day Probation Period for New Hires
posted at 3/19/2002 4:28 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
If you're an "at will" employer, then a 90 day probation period serves no purpose. If, under at will, you can terminate a person at any time and for any or even no reason (provided it's not an illegal reason), then a 90 day probation period is meaningless.
In an at will environment, a probation period can work against you on the grounds that successfully passing a probationary period somehow confers a greater degree of job security on the employee with 91 days of service, thus effectively degrading your at will position. I don't recommend probationary periods. |
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90 Day Probation Period for New Hires
posted at 3/19/2002 4:55 AM EDT
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Posts: 6
First: 1/25/2002 Last: 4/23/2002 |
Dear Nork3:
Thank you for your quick response. My company is located in an at will work state. The thought process for inquiring about the implementation of a 90 day probation period is that it is spelled out at the beginning of employment, to both employee and new hire that there needs to be and is an evaluation period and at the end of that time period either party can terminate the employment contract. The point is well taken with regards to the implication of job security post 90 day. Thanks again |
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90 Day Probation Period for New Hires
posted at 3/19/2002 5:30 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
MissMcP:
I'd avoid using the term "contract" when you're talking about an employment relationships, especially in an at will environment. While I understand the termination potential before 90 days, it isn't anything you don't already have under "at will". I'd simply spell out what "at will" means in your offer letter. A 90 day evaluation is good, especially since you'd have some documentation in the event of a termination. |
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90 Day Probation Period for New Hires
posted at 3/19/2002 7:26 AM EDT
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Posts: 378
First: 1/8/2002 Last: 9/14/2011 |
I strongly concur with Nork3's remarks. Since you are in an "at will" state, I also recommend dropping the probationary period altogether. Some employees develop faster than others. Let the 90-day evaluation stand on its own. Any hint of a probationary period followed by termination strengthens the ex-employee's chances of successful litigation even if in an "at will" state.
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90 Day Probation Period for New Hires
posted at 3/22/2002 10:39 AM EDT
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Posts: 20
First: 9/5/2001 Last: 4/1/2008 |
We have a 90 introductory period. It doesn't pertain much to performance, but more to eligibility for benefits. We advance vacation and sick time, but we don't do that until after the 90 days. It reduces the amount of time we pay out that is never actually accrued by a new employee who quits soon after being hired. |
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90 Day Probation Period for New Hires
posted at 4/2/2002 8:30 PM EDT
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Posts: 19
First: 4/2/2002 Last: 12/23/2006 |
I also work in an at-will state. While I do believe that a 90 day introductory period is a good tool for taking time to evaluate employees, you want to be very careful on the language you use. "Probationary period" seems to imply that once they pass probation they are assured something, while "introductory period" seems to be a safer term, less prone to an interpretations of implied contractual agreements. |
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90 Day Probation Period for New Hires
posted at 4/3/2002 10:26 AM EDT
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Posts: 191
First: 7/27/2000 Last: 9/12/2005 |
We have converted from calling the 90 day period a "probationary period" to calling it an "introductory period," with benefits available only after completion of the introductory period. |
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90 Day Probation Period for New Hires
posted at 5/4/2002 11:52 AM EDT
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Posts: 19
First: 2/20/2001 Last: 5/26/2004 |
We do the same thing as others have commented on in this string -- that is, the 90-day "intro" period applies more to availability of benefits rather than performance per se (we're in an at-will state, too). Vacation and sick time do accrue during the initial period, but you're not entitled to it unless and until you reach the 91-day mark. We've stopped advancing paid time off of any kind because we've been burned too often. |
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90 Day Probation Period for New Hires
posted at 5/7/2010 5:42 AM EDT
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Posts: 1
First: 5/7/2010 Last: 5/7/2010 |
We are in an at will state. We use the introductory period vice probation for the reasons cited in the prior messages - it does imply some job security once the probation period is over.
We have a 90 day introductory evaluation form. The advantage of using this method is that it forces managers to evaluate an employee prior to the 90 days. Once an employee is beyond the 90 days, the termination of that employee becomes significantly more difficult. While a company can term an employee anytime in a at will state, there is case law that works against employers as well as company policy. Our policy requires a verbal, written, PIP before term. So termination actions require signficant documentation after 90 days. With this 90 day introductory policy in effect employees 100% of the time accept their term without a reason or rationale - it is accepted. After 90 days, the rules change whether you are at will or not. Also, unemployment in this state recognizes the 90 day period and the employer is not charged for the term if it is within 90 days. |
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