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Most positions include a probationary period during which the company evaluates the new employee’s skills, abilities, and attitude to see if he or she is a good fit for the position.
Most firms and institutions provide standards for new employees to follow during their probationary period.
Guidelines
A termination procedure will be included in the recommendations. To confirm that he or she understands the probationary conditions, the new employee will sign a copy of the guidelines.
If the company decides to terminate the employee during the probationary period, the new employee will receive a probation termination letter informing him or her of the termination.
A valid probationary agreement is essential for any business that has a probationary term for new personnel.
It can safeguard the human resource manager from hiring an inappropriate candidate and the organization from any legal liability resulting from the hiring of an unsuitable candidate.
Probation Periods
Probationary periods are not different work periods. While on probation, the employee has rights and may be entitled to paid time off.
New employees, current employees who are promoted to a new role, and current employees who have performance issues and need their work reviewed may all be granted probation periods.
If a small business is creating probationary policies, there are some steps it can take to avoid legal risks:
- The employee should be notified how long the probationary period lasts and what the employer expects during that time including milestones or benchmarks.
- The employer should give regular counseling and feedback to the employee. Every meeting should be documented.
- The employer can offer training to the employee.
Probation Time
The probation period can be anywhere from 30 days to six months, and during that time, the company should make every effort to assist the new employee in adjusting to their new position. The employer must make sure that the employee’s expectations are crystal clear.
The human resource person may meet with the new employee on a regular basis to go over a list of expectations so that the employee understands exactly where he or she stands in the position.
The new employee may be asked to sign the checklist every week to show that he or she knows the terms. During the probation period, the employee should be aware of which acts potentially result in termination.
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Details And Facts
The employer or human resource representative should evaluate the employee’s evaluation report before writing the probation termination letter.
This will provide information regarding the employee’s performance during the probationary period. It should accurately reflect the employee’s strengths and limitations in the workplace.
The individual sending the letter should point out the elements that aren’t up to par and produce a list of why the employee isn’t meeting the requirements.
A salesperson, for example, may have poor customer service abilities or a lack of sales. Any elements of the probationary guidelines that are relevant should be noted.
Termination Letters Are Not Inflammatory
It is important that termination letters are not inflammatory. To avoid this, the letter should only state facts and not scold or criticize the employee.
If the facts are clearly presented, it will help prevent the employee from making a future wrongful dismissal claim.
Terminating an employee at the end of a probation period is not a black mark for the employee. It merely shows that the job did not work out.
Below is a sample probation termination letter. It is a formal business letter that may be delivered by hand or sent by certified mail.
Sample Probation Termination Letter
Your Name
Your Position
Name of Company
Address of Company
City, State, Zip Code
DATE
Name of Employee
Address of Employee
City, State, Zip Code
RE: Probation termination
Dear Name of Employee:
This letter is formal notice that your probation period with [Name of Company] is being terminated effective on [DATE].
We have decided that you have not fulfilled the conditions of employment because of your lack of enthusiasm for the job, not fulfilling the tasks given you and not showing the skills in computer programming that you claimed on your resume.
According to the terms and conditions of the probation letter that you signed, the company may terminate you with 48-hours notice within the six-month probation period.
I request that you return your mobile phone and laptop to your immediate supervisor, and attend an exit interview at 3pm on [DATE] at my office. You will get your final paycheck at that time and sign some termination documents.
You may speak freely during this meeting. I am sorry you did not take advantage of the support and help we gave you to make your employment a success. However, I wish you success in your future endeavors.
Thank you for the time you have given to [Name of Company].
Sincerely,
Signature
Your Name
Name of Company
Frequently Asked Questions (FAQs)
1. What is a probationary period in employment?
Answer: It’s a specified period of time after being hired, during which an employer may assess an employee’s suitability for the role and company.
2. Can an employee be terminated during probationary period?
Answer: Yes, an employee can be terminated during the probationary period if they don’t meet the expectations set by the employer.
3. Is there any notice required before termination during probationary period?
Answer: It depends on the company policy and employment contract. Generally, no legal notice is required for termination during probationary period.
4. What are the grounds for termination during probationary period?
Answer: Grounds for termination can include but not limited to job performance, attitude, violation of company policies, job attendance, and job-related misconduct.
5. Are there any legal consequences of termination during probationary period?
Answer: No legal consequences apply to termination during probationary period as the employee is still in the trial period and the employer can end the employment relationship without reason.
6. What happens to the employee’s benefits if terminated during probationary period?
Answer: An employee may not be eligible for unemployment benefits or severance pay if terminated during the probationary period.
7. Should the employer provide a reason for termination during probationary period?
Answer: The employer is not legally required to provide a reason for termination during the probationary period, but it’s good practice to do so for transparency and to maintain positive employee relations.