PPB November 2019

period” to be valid. This period is also often used as part of a performance improvement plan for poor-performing employees. The assumption is that, during the probationary period, the employee could be fired if found to be underperforming or otherwise not a good fit for the company. While probationary periods are a very strong tool in a progressive discipline program, they serve little purpose for a new hire and, more concerning, can actually put an employer in a legal bind. Here’s why. In the United Sates, there is already a common law legal precedent called “Employment at Will,” which establishes that an employer (or the employee) can terminate the employment relationship at any time with or without a valid reason provided the reason for the termination is not illegal (such as the employee’s race, religion, sex, age, disability, etc.). Unless there is a contract or collective bargaining agreement or other legal agreement in place, employers always have the right to fire at will no matter how long the employee has been on the job. And that’s the catch. If the suggestion is that the employee could be fired for any reason during the probationary period, what does that mean once the probationary period has expired? That the employer no longer has that legal right? And what does that suggest to the employee? That once they get through the trial period, they don’t have to worry about being fired for any reason or for no reason at all? For these reasons, having a probationary period can create the impression that the employment relationship is somehow different or special during the trial period. Worse yet, if not crafted correctly, it can imply that, outside of the trial period, an employer is restricted in why and when a termination can occur thereby jeopardizing the employer’s right to employment at will. This is the reason I’m not a fan of probationary periods. In fact, I think they should be ditched altogether. Instead, how about establishing a New Hire Development Plan in its place? A New Hire Development Plan is essentially a formal training and evaluation plan for the employee’s first few weeks. During this time, you can closely monitor and interact with the employee to ensure he or she has the right talent and is a good fit for the company. A solid plan ensures that you: • Set clear and well-documented expectations for the employee’s performance. • Establish a plan for who will conduct the training and education necessary for the employee to satisfy those expectations. • Monitor the employee’s performance and progress. • Provide feedback daily and weekly so the employee can adjust his ANewHire Development Plan is essentially a formal training and evaluation plan for the employee’s first fewweeks. During this time, you can closelymonitor and interact with the employee to ensure he or she has the right talent and is a good fit for the company. | NOVEMBER 2019 | 71 THINK