What is the legal significance of a probationary period for California employees
The probationary period, or an "introductory period", is generally the first 30, 60, 90 (or whatever, days of employment) where the new employee and the employer see if they like each other.
There is no legal significance to the "introductory period" unless you as the employer let it. For example, the reason the term "probationary period" should not be used is it can give the wrong impression to an employee (or worse, a jury). If you call it a "probationary period" does that mean once the new employee completes the "probationary period" they are now home free, off "probation" and not subject to termination except for "cause?" They may think so although that is not what most employers intend.
Couple use of a "probationary" period with other employer snafus such as promised promotions for good work, or statements by management like, "don't worry, you'll have a job with our 'family' so long as you keep up your great performance," can create what's called an "implied in fact contract not to terminate except for good cause." Not good from an employer's legal perspective.
California employers should avoid using "probationary periods" and "progressive discipline" policies in the employee handbook. Also avoid creating an implied in fact contract of employment through verbal promises or conduct implying guaranteed continued employment or the requirement of "just cause" for terminations. Such policies, verbal promises or conduct can contradict the presumption of "at-will" employment.
What is the legal significance of a probationary period for California employees
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