07/24/2026
If you're hiring this summer, you're probably planning to use a probationary period.
Feels like a safety net, doesn't it?
But, actually, under U.S. federal law, probationary periods have no special legal status.
They don't give you protection you don't already have and, handled the wrong way, they can actually create exposure you didn't intend.
A few things worth knowing before your next hire starts:
๐ ๐๐ต๐ฒ๐ฐ๐ธ ๐๐ผ๐๐ฟ ๐ผ๐ณ๐ณ๐ฒ๐ฟ ๐น๐ฒ๐๐๐ฒ๐ฟ ๐น๐ฎ๐ป๐ด๐๐ฎ๐ด๐ฒ
Phrases like "after 90 days you will become a permanent employee" can imply an employment contract that limits your at-will rights.
It's a common mistake and an easy one to fix.
๐ ๐๐ผ๐ป'๐ ๐๐๐ฒ ๐ฝ๐ฟ๐ผ๐ฏ๐ฎ๐๐ถ๐ผ๐ป ๐ฎ๐ ๐ฎ ๐ฟ๐ฒ๐ฎ๐๐ผ๐ป ๐๐ผ ๐ฑ๐ฒ๐น๐ฎ๐ ๐ฑ๐ผ๐ฐ๐๐บ๐ฒ๐ป๐๐ฎ๐๐ถ๐ผ๐ป
If a termination is ever challenged on discrimination or retaliation grounds, the EEOC will look at what you documented during those first 90 days.
"They were still on probation" is not a defense on its own.
โ
๐ง๐ฟ๐ฒ๐ฎ๐ ๐๐ต๐ฒ ๐ณ๐ถ๐ฟ๐๐ ๐ต๐ฌ ๐ฑ๐ฎ๐๐ ๐ฎ๐ ๐ฎ๐ป ๐ฎ๐ฐ๐๐ถ๐๐ฒ ๐บ๐ฎ๐ป๐ฎ๐ด๐ฒ๐บ๐ฒ๐ป๐ ๐ฝ๐ฒ๐ฟ๐ถ๐ผ๐ฑ
Written expectations from day one, regular documented check-ins, honest conversations early if something isn't working.
๐ ๐๐ผ ๐ฎ ๐ณ๐ผ๐ฟ๐บ๐ฎ๐น ๐ฟ๐ฒ๐๐ถ๐ฒ๐ ๐ฎ๐ ๐๐ต๐ฒ ๐ฒ๐ป๐ฑ ๐ผ๐ณ ๐๐ต๐ฒ ๐ฝ๐ฒ๐ฟ๐ถ๐ผ๐ฑ
A written assessment gives you a clear record and gives the employee a fair picture of where they stand.