Introductory Period

If your organization makes most—if not all—employees “at-will,” and if you want to have a trial period to evaluate new employees, you may consider implementing an introductory period.

Your organization would do an initial performance appraisal after a specified number of days (such as 90) to evaluate new employees to make sure they are performing at the desired level for the position they were hired.

If an employee isn’t performing at the level required for the job after the initial performance appraisal, the employee could be terminated at that time, since the employee is employed at-will. At-will employment allows employers to terminate an employee at any time, for any nondiscriminatory reason.

About the "Probationary" Period

Probationary periods are often used with new employees because the process is perceived as a “safe” way to get rid of an employee if it quickly becomes clear that he or she will not work out.

Unfortunately, probationary periods often cause the opposite to happen, for a variety of reasons: 

• If employees are already “at-will” employees, a probationary period can potentially dilute the “at-will” argument once the probationary period ends.
   
• Many employers assume that progressive discipline policies do not apply during the probationary period. But unless that is specifically stated within the probationary period policy and throughout the handbook, courts may determine that the progressive discipline policy does apply, even during the probationary period.

For this reason, we would not recommend using a probationary period, except in the case of contract employees. Even then, the policy should contain specific language that gives the employer wide discretion.

SAMPLE POLICY:
INTRODUCTORY PERIOD

The first (insert number) days of employment shall be classified as an introductory period. After the introductory period has ended, a performance review may be performed to evaluate the employment relationship.

Employees may be terminated, without warning, and for any reason, at any time during the introductory period. At all times, including the introductory period, employees are considered at-will, and nothing in this policy should be construed to modify the at-will status.

All other policies contained in this handbook apply during the introductory period, to the extent they are not addressed specifically within this policy.

This is a sample handbook policy only. Your organization is responsible for compliance with all applicable laws. Accordingly, this document should not be used or adopted by your organization without first being reviewed and approved by a licensed attorney in your area. Brotherhood Mutual assumes no liability in preparation and distribution of this sample document.

Working Together © 2022 Brotherhood Mutual Insurance Company. All rights reserved. www.brotherhoodmutual.com/working-together. Updated 9/2021.