Putting new employees on a probationary period is common practice at most workplaces. This way, the employer has a chance to evaluate the worker’s ability to perform the job duties. During this time, it’s expected that employees will have less freedom and benefits, but they still have protections under California law that cannot be taken away. This includes laws that protect you from unlawful termination, even if you are still under probation at a new job.
As someone whose rights were violated in the workplace, it’s important to seek legal advice from a California employment attorney. Our legal experts are available to assist you 24/7, so don’t hesitate to call with any questions or concerns.
What is a Probationary Period for New Employees?
A probationary period refers to a set amount of time where an employee has limited rights and is under extra scrutiny by the employer. It’s quite common for new workers to be on probation for 6 months to a year once they start working. During this time, the employer will evaluate the worker’s performance and conduct, and see if they meet the standards that are expected by the company. At the end of the probationary period, the employer makes a decision on hiring, firing or reassigning the employee.
Probationary periods, by the way, are not just for newly-hired workers. Employees can also be put on probation for:
- Being sanctioned after an act of negligence or misconduct
- When transferred to a new position
- After a promotion to a managerial / supervisory role
Illegal Terminations During the Probationary Period
While you are on probation, there are limitations that are inevitable due to the need for scrutiny of your work performance by your employer. Or, you may not have fulfilled the requirements for certain benefits, like family leave time under the FMLA or vacation / personal days.
During your probation, you may be fired for acts that may not lead to termination once you are past the probationary period. At many companies, there is a “three strikes” policy, where a probationary worker may be terminated for making a mistake, bad judgement call, or committing some other violation more than 2 times.
On the other hand, you cannot be fired for reasons that are unlawful, even during the probationary period. An employee, for example, cannot be subjected to discrimination and retaliation in the workplace. So if you were fired because of discrimination based on a protected characteristic such as race, religious beliefs gender or gender identity, and pregnancy, you may have the right to sue your former employer for wrongful termination.
Common Examples of Wrongful Termination
To give you an idea of circumstances that count as wrongful termination, here are some of the most common examples:
- Termination based on a protected class according to both California laws and the provisions of the federal government’s Equal Employment Opportunity Commission (sexual orientation, gender, age, race, etc.)
- Firing someone as retaliation for exercising their legal rights, like filing for workers’ compensation or reporting illegal activity in the workplace
- Retaliating against an employee by firing them after they participated in a workplace investigation into unsafe conditions or fraudulent activity
- Termination based on an employee reporting workplace discrimination and harassment to the California Labor Board or the Equal Employment Opportunity Commission.
Employers Cannot Subject You to Harassment or Discrimination
Aside from unlawful termination, employees in California are entitled to a work environment that’s free of discrimination and harassment. Thus, even probationary employees must be protected from conduct such as sexual harassment, threats, and intimidation. Employers also cannot create, participate in, or fail to take action against a hostile work environment that targets a specific employee or group of workers based on a protected category. Even if the employee is not fired, it is illegal to make adverse employment decisions like demotions and denial of work benefits because of the individual’s gender, political affiliation, ethnicity, and other protected characteristics.
Reasonable Accommodation For Disabled Workers
All employees, regardless of their probation status, are entitled to seek reasonable accommodations for a disability under the California’s Fair Employment and Housing Act (FEHA). This includes pregnant workers who are experiencing health issues that interfere with their ability to do their job. If a request for accommodations or modifications is within reason, the employer must provide the accommodation or work with you to find another solution.
Lawyer That can Help with a Wrongful Termination Case
If you were wrongfully terminated by your employer as a probationary employee, please reach out to us at your earliest opportunity. Our law firm has a skilled and dedicated team of employment lawyers, who are ready to fight for you and the compensation you deserve.
We represent all clients under the Zero Fee Guarantee, so there is no need to pay upfront for the cost of legal fees. Our settlement demands to your employer include our expenses, which is paid to us at the same time as your compensation award. So, we can guarantee that you will pay absolutely nothing if we fail to secure payment on your behalf.
If you are ready to learn about your rights and determine the best way to move forward, contact us to schedule a free case review.
