Termination for behavior. Make a decision on the outcome of the probationary period—in this case, the termination of your employee’s contract. Then, give them the opportunity to respond to the issues that you raised. Often an employer who is contemplating terminating someone’s employment will be thinking about the risk of an unfair dismissal claim. And in the case of a probationary employee, taking comfort from the fact this particular employee cannot successfully bring an unfair dismissal claim because they have not completed the minimum employment period. Begin the meeting by informing the employee that you are terminating his or her employment as of a particular date. Below we cover how to fire an employee legally and answer frequently asked questions. If management has put in the time to try to correct bad behavior and documented it, but the problem continues or worsens, it's time to let the employee go. Implement a trial period. Many employees are on probation during the first 90 days of work. It is typical for employment contracts contain a clause regarding … What Rights Does an Employee Have During a Probationary Period? If you plan to fire an employee during the probation period, contact an employment attorney first. While on probation, employees continue to receive the same entitlements as someone who isn’t in a probation period. Unusable Reasons for Probation Termination Letters. Indirectly, it saves cost of a failed recruitment and the opportunity cost of having a fit-for-job employee. Most employment is done on an “at-will employment” basis, which means that the employer may terminate an employment at any time for any reason, even during a probationary period.

Period.” “Let me know how I can help.” And in the case of a probationary employee, taking comfort from the fact this particular employee cannot successfully bring an unfair dismissal claim because they have not completed the minimum employment period. Terminating an employee during a probationary period may result in an employment lawsuit. Our employment lawyers understand that a new job is exciting and anxious for both the new employee and the employer.

For example, if the usual notice provision is three months, it may be preferable to have a one-month notice provision during the probationary period. Reasons to Fire Someone: 1. With a script in place, the process of terminating an employee should be easier and more effective. This would not only help the company in attracting the best fit for the job but it will also avoid the company to take hard decisions like terminating the employees during probation period. A stern tone is best when dealing with behavior resulting in an immediate termination. “Even if you’ve been fired in the past, you couldn’t possibly know how this person feels,” he says. However, an at-will basis does not leave the employee with no rights during a probationary period. If you need to fire one of your company's employees, having a script in place can make the process much easier. The employer can limit any further common law liability for termination if an employee is dismissed during an extended probationary period by stipulating that only statutory notice will be payable if the employee is dismissed during the extended probation (for example, after three months but before six months of service). Terminating Employees During the Probationary Period. The period in which the employee is terminated can also be from an unfair dismissal perspective from both the employee and the employer. The duration of a probationary period varies from business-to-business; however, if the performance of a new hire does not match the standards established by the company, the employee might need to be terminated. Expressing regret is appropriate during a layoff. An employee probationary period occurs immediately after being hired, and it is when the employee is monitored to ensure his performance meets the standards established by the company.

While both parties tend to hope for success, sometimes the fit is off and the employee and the employer find themselves in the midst of a dilemma. During the meeting, confirm that the employee received and understood the letter. Sujansky says this is something you say to make yourself feel better—it doesn’t help the employee at all. But it’s tough, if not impossible, to teach an employee to act intelligently, adopt a positive attitude, or possess a strong work ethic. Regardless of the length of the probationary period, both parties should be able to terminate the employee’s employment on short notice during that time.