Terminating An Employee During the Probationary Period

Sometimes it is necessary for a company to consider terminating an employee during the probationary period. 

The probationary period is a crucial time when the employer assesses the employee’s skills. Is he suitable for the job? Is he a good fit for the team? Under normal circumstances, employers hire potential permanent employees, subject to the completion of their respective probationary periods. However, not all new hires pass this crucial period. In fact, terminating employees during this time isn’t that uncommon.
The Probation Situation

The probationary period usually lasts for three, sometimes six months. This gives management the time and information needed to evaluate a new hire’s potential, specifically his ability to contribute to the organization. Aside from the usual performance metrics, a newbie’s honesty, integrity, and reliability are also evaluated during the probationary period.

Legally Terminating Employees who are Under Probation- Is it even possible?

As probationary employees, they can be dismissed within the probationary period (stipulated in the employment contract) legally. They do not have the security of being under tenure yet.

Most employment contracts or policy manuals have this condition, while some are structured such that the employer isn’t required to give prior notice before termination. If this is the case, the employees are at the mercy of employers who have the legal right to terminate them, simply because they are not the right match for the work needed, or for reasons that the management may choose not to disclose.

To be on the safe side, it is best to terminate employees, whether probationary or regular by notifying all parties concerned before handing them a termination notice. That way, the termination is done properly.

The Flip Side of the Employee Termination Process

Looking at things from a different perspective, the employees under probation have been selected by the management and the human resources department of the company. They were hired because the people in charge of hiring believed that they could do the job.

The question now is…

Who is to Blame (or rather, who is at fault) for the Termination of a Probationary Employee?

From one perspective, the employer should not be held liable for terminating employees during the probationary period. On the flip side though, it can be said that the fault lies with the human resources department and/or the manager.

In the first place, they were the ones who interviewed, selected, and hired said employee. They believed that the person had what it takes to be a good part of the team.

When an organization terminates an employee, there is always ‘finger pointing’. The organization needs to know which department should change, tighten or revise its process. Instead of pointing fingers, it’s best to evaluate things objectively. Was the termination a result of poor management, poor training, or poor applicant-job matching?

An organization should evaluate their hiring process, instead of just carrying on with their work and then terminating employees that don’t fit in. Doing this simple thing can save the organization, and even the employee, lots of time and money.

Be Prepared in Advance For Difficult Conversations

Difficult conversations are inevitable and putting them off won’t magically make them go away…being prepared with help you navigate them.

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