PROBATION PERIOD

Ethel · April 2004

Recently, I read that calling the first 90 days of employment a "Probation Period" is not a good idea because it has been interpreted to mean that once the 90 day period is over the employee then has guaranteed employment. What would you call this period is not probabtionary? (Texas is an "at will" employment state and we are a non-union company.)

hrwoman · April 2004

SC is also an at will state and we are non union company. We call the first 90 day period after being hired an "introductory period". We state that we will evaluate your work habits and abilities to make sure you can perform the job satisfactorily during this time. We also state that we can extend the introductory period longer than the 90 days if warranted.

DebbieW · April 2004

We call the first 90 days an introductory period.

Debbie

Don D · April 2004

The 'probationary period' is yet another casualty of the legal profession. Much the same as the 'permanent position' designation giving way to the politically correct 'regular position'. I suppose it could just as easily be argued that once I completed the 'orientation period' I thought that was a guarantee that I was oriented and entitled. Or that if you let me get through an 'introductory period', then I considered myself introduced, therefore somehow tenured and entitled.

If you carefully define this period of time in writing and it's relatively easy to understand what you mean by that period and the time that comes after it, then it doesn't matter what you decide to call it. Stick with Probationary if you like, just define it so as to irritate the plaintiff's attorneys.

marc · April 2004

And my cynical mind adds in that if lawyers continue to find weaknesses in the terms that other lawyers recommend, we practitioners are in a constant state of revision and legal review. All for an ever growing fee. I don't know who said it, but the old saw paraphrased reads: "One attorney in a town will be broke, two will make each other a fortune."

We swithced to introductory period when we updated the handbook. I like Don's idea, but would not want to pay our counsel to defend the careful definition. We might win but still write the checks to the lawyer.

Hatchetman · April 2004

[font size="1" color="#FF0000"]LAST EDITED ON 04-07-04 AT 04:22PM (CST)[/font][br][br]If you use the term "introudcutory period" or "orientation period" then make sure and identify what that means as compared to the time after the identified period.

In at will status, sinceyou may fire an empllyee for any reason (except an illegal one) or for no reason at all at any time, what is the differnce between the two periods as relates to how they will be viewed by the employer?

Also, if after the 90 day period, they start having performance problems, how will that be handled, immediate discharge or reversion back to an introductory period with a PIP? Again, be careful in how all that is dealt with.

Don D · April 2004

Just for a laugh, imagine Charles Ingel on Little House, working down at the sawmill when it ain't raining. He's been late coming in a few times cause he was up in the loft with what's her name while the kids were off to school. He's always grinning like a jackass eatin' briars and he wears that same pair of overalls every day which has created a significant B.O. problem at the mill. Mr. Chaney calls him in and says, "Charles. I know you've completed your initial orientation period and I've worked diligently to provide you with the tools and training you need to be successful here at the mill. I got you a lunch pail and new brogans and hired your friend Merlin Olsen at your recommendation. Things ain't working out son. We're gonna put you on a PIP starting tomorrow and I'll be doin' a change of status reverting you back to probationary/orientation. I feel obligated to tell ya that this PIP is for 90 days, after which we'll either be keeping you on or sending you on over to Nells' General Store to file your claim for town charity benefits. Now there's always a chance the territorial review committee will reverse me and make me promote you, but we'll see how that goes."

Cinderella · April 2004

:-?

< picturing a jackass eating briars >

LarryC · April 2004

Try: "'Possum eatin' bumblebees"

blw · April 2004

We use introductory period also. However another good alternative might be "waiting period" if your benefits are tied to the 90 days like ours are.

At the end of the waiting period you will be evaluated on the appropriateness of continued employment and benefits will be offered. Something like that.

Don D · April 2004

Or, "Looking Period", the 90 day period of time during which the employee is "Looking" for work somewhere that offers benefits earlier. Like here, often on the second day.

Don D · April 2004

To clarify, what I meant was often benefits are effective here 'on the second day of work'. Actually the first of the month following the month in which hired. All those hired on the last couple of days of a month have benefits two days later.

AnneHa · April 2004

Our personnel manual calls it the Performance Review period. My spiel during orientation makes it clear that this 90 day period is to give both the company and the new ee a period of time to measure the fit of the new hire with our needs. I also make it clear that employment can be termed at any time before or after the 90-day initial performance review period.

Anne in Ohio

lnelson · April 2004

We call it Orientation Period.

Don D · April 2004

I suppose the question now is, why call it anything at all? If the prospect of separation or retention after the 'magic period' is no different than during the 'magic period', why have the 'magic period'? Really.

Whirlwind2 · April 2004

Exactly. Why bother? If you're really trying to be at will, there shouldn't be any period which an ee can get past and become somehow "less at will." I dispensed with a probationary period many, many years ago based on the premise that if we were going to fire someone early on, we would still have to go to the same lengths to ensure -- and possibly prove -- that it wasn't for an unlawful reason.

LFernandes · April 2004

I read somewhere that the only state which is not an "At-Will" state is Montana. x:-/

We call it a Training Period and at the end of the 90 days we sit down with the EE and give them a review. We also reserve the right to extend the "Training Period" and if the employee is not performing up to standard and will either terminate them or put them on a performance improvement plan (PIP) to bring them up to standard. If an employee is transferred or promoted, they automatically are placed back into a "Training Period" for their new position. If they can't meet standard for their new position, they can either transfer back to their old position or are put on a PIP.

Also, during orientation, it is explained to our employee's that we are employment at will, and have no employee contracts.

LFernandes

Ethel · April 2004

It maybe its only a psychological thing but having a "probation period" has never been a problem in and of itself, the problem has arisen from the perception that after it's over the person is permanent (I said it, the forbidden word). And at least in the states in which we operate, terminating during the 90 days has always been much easier, less of a hassle and not contested. In my opinion we need a "checking each other out period" and should handle it as we did when the "legals" started focusing on the word "permanent" -- i.e. go to another commonly used word industry-wide.

LisaMN · April 2004

I'm with Don on this one. Why call it anything at all? If you have a good employment process with appropriate interviewing, background checks and whatever testing is needed; why would you need a 90 day force field to protect your organization from bad hiring decisions?

If the individual proves to be a marginal hire on day 95 what are you going to do? Probably the same thing you would do on day 25. Which, depending on your organization will either be nothing or a beginning of your performance improvement process (the current pc phrase for a disciplinary process).

Gillian3 · April 2004

I agree with everyone who questions why we need it. We don't, the "whatever you want to call it" is nothing but tradition. The only benefit is that because of the tradition, believed by employees that it has some sort of legal standing, is that someone who is dismissed during the "whatever you want to call it" period most often won't challenge the dismissal because of a belief that the "whatever you want to call it" really exists.

Ethel · April 2004

Yep! That's the benefit.

It would be terrific if no one ever made a hiring mistake - however, I sure have and so have some of our managers and officers. (I swear to this day that a person I interviewed and hired for a position was the Good Twin but the person who reported to work was the BAD Twin!!!! The change was unbelieveable!!!!!!!)

PROBATION PERIOD

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