How Does a Probationary Period Impact Wrongful Termination Claims?

Probationary Period Impact Wrongful Termination Claims

Probationary periods provide a valuable opportunity to assess the suitability of new employees in their new role and company culture. However, if issues arise during this time, it may be necessary to dismiss an employee early. This can be challenging, but is essential to ensure that you follow appropriate processes and do not breach an employee’s statutory or contractual rights.

As such, it’s important to be aware of how a probationary period impacts wrongful termination claims. The purpose of a probationary period is to allow the employer to evaluate an employee’s performance, skills and overall fit into the role and company culture. This is often done by holding regular review meetings between the employee and their manager. It also allows the employee an opportunity to discuss any concerns they have and make changes where necessary.

It is not uncommon for issues to come up during a probationary period, whether this be an employee’s inability to meet certain standards or an issue with their behaviour. As such, it is not unusual for an employee to be dismissed during the probationary period. If this is the case, it’s important to follow a fair dismissal procedure to avoid potential wrongful dismissal claims.

How Does a Probationary Period Impact Wrongful Termination Claims?

During the probationary period, it’s a good idea to document all contact with an employee. This includes review meetings, performance reviews, and any disciplinary action taken. Having documented evidence of the employer’s evaluation of an employee will help defend against wrongful termination claims.

In addition, it’s a good idea to clearly communicate that probation is at-will employment in any documents or policies that are reviewed during this time. It’s also a good idea to train supervisors on how to address concerns in a way that avoids discrimination or unfair treatment claims.

When issues do arise, it is important to conduct a review meeting with the employee as soon as possible. At this meeting, you can clearly outline the issues and advise the employee that they may be terminated if they do not improve. It is important to provide the employee with a chance to explain their side of the story, and be respectful. This process can be emotional for an employee, but it’s essential to protect yourself from potential wrongful termination claims.

It’s also worth noting that an employee is entitled to their statutory notice period if they are dismissed before the end of their probationary period. Therefore, it is important to take the time to ensure you are not wasting your resources on an employee who will not be successful long term.

Dismissing an employee during the probationary period is never easy, but sometimes it’s necessary. Training employees is expensive, and you do not want to waste your resources on an employee who will not be a good fit. A probationary period makes it easier to identify this quickly and make the right decision for your business. It’s also much cheaper to let an employee go during the probationary period than to dismiss them after they have been in a role for a long period of time.