Dangers of Employment Probation

Discussion in 'Your Bloody Soap Box' started by limerickman, Oct 19, 2005.

  1. limerickman

    limerickman Moderator

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    This is a heads up :

    A pal of mine left a very good and secure job and transferred to a well known
    multinational company for a better and more well paid role.
    When he signed the contract of employment with his new employers, the contract stipulated 6 month probationary period.

    My pal - who's got an excellent employment record he has worked in several worldclass companies and has gained promotion in several - had his probation review yesterday.
    He was told that he was being given one weeks notice.

    My pal asked the HR rep the reason why he did not pass his probation and he was told "we're not required to inform you of the basis for our decision".
    My pal was naturally very very upset with this - and with the excuse that he got for not passing his probation.
    He had received excellent reviews from his employers concerning his work performance and he was getting along well in the job.

    This morning he met with his solicitor to see if there was any remedy in this case.
    he brought copies of all of the documentation that he had, including his excellent reviews.

    His solicitor told him that "you haven't a leg to stand on - you're on probation, your employer is covered under the probation clause to act as he choses and can terminate your contract without any justification".

    It's a salutory warning for any of you who might be considering changing jobs.
    You could be putting yourself in an extremely vulnerable situation.
     
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  2. lumpy

    lumpy New Member

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    I was wondering if employers could use the probation period clause to essentially have a temporary employee. I like the fact that a probationary period can help weed out the dead beats and such, but I wouldn't be suprised if employers use it to their advantage.
    That new employee would work very hard to pass probation - so they'd be great workers. Let them go at 6 months, and you don't have to pay benefits. Cheap labor.

    Thanks for sharing this Limerickman. It's a good heads up for all of us.
     
  3. Bikerman2004

    Bikerman2004 New Member

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    Gee, this scenario sounds familiar.....except, remove the part about the warning....
     
  4. limerickman

    limerickman Moderator

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    yeah, we came to the same conclusion because in highsight my friend was working on one specific project - with a delivery date of six months.
    Naturally when he joined the company, he didn't question what he was being given to do because it feel withinhis jobspec.
    But your correct, was he being used ?
     
  5. DiabloScott

    DiabloScott New Member

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    Probationary period or not, most employers these days can terminate an employee without cause whenever they want. They call it "employment at will" and it just means there is no contract, you don't have to give notice to quit (although most do), and they don't have to give notice to let you go (although most do). It's a bit of a dance but being on a probationary period doesn't really make it any different legally - maybe a little easier for the employer to justify someone's termination to the rest of the employees who stay on, but not necessary legally.

    Does sound as if your buddy got shafted though Lim.
     
  6. 2FAST4U

    2FAST4U New Member

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    Just are those who take on part-time employment. Another old trick to screw the working man....
     
  7. jhuskey

    jhuskey Moderator

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    Some states are "at will states" which makes it easier for employers to terminate without a reason. Some states are not at will states and I have no idea about other countries.
    An employment contact is usually binding to both parties unless it is in violation of public policy, written in confusing wording or could be considered not in the spirirt of an implied or reasonable agreement between the parties.
    If your friend had seen it coming he might have filed an on the job injury claim before hand which might have been viewed as retalitatory dismissal in which case he could have forced the company to reveal documentation as to why he didn't "measure up".
    Unethical maneuvering maybe but it is a hard world.

    Wrongful termination,workers comp injury,sexual harrasment,personal injury claims...welcome to my world!
     
  8. wolfix

    wolfix New Member

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    I have been self-employed for 22 out of 25 years of my "working years." From my view point and I have been an employer more then an emplyee I see things differently then most. My friends have always told me that I have ''no security." From my view-point, the man who works in these large companies are the ones with no security. These companies use people. That is clear.
    The probationary period is necessary to an employer. And I know some employers abuse this. And I see this at all levels of the labor market. I have tried to stress to my children that the only security that you ever have is your ability to make work for yourself. I have never worked in a large work place enviroment. But it seems to be a jungle of policies that the employee/employer have to weave their way through on a daily workday. My advice to everyone in this forum..... Find a way to leave those employer bastards behind. It is more difficult for some then others , but it is a quality way of life.
     
  9. jhuskey

    jhuskey Moderator

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    I have been the HR Dir for the company I am with for over 10 years and I have seen it works both ways.
    I am often times the mediator between a manager and an employee.
    If everyone one were honest and forthright it would be a different world ,but alas it is not so and some try to work and abuse the system.
    If someone wins someone usually loses and yes sometimes it is a matter of perspective of who is right and who is wrong.
    Unlike a TV movie there are many gray areas to be dealt with. You cannot have all the answers because they keep changing all the questions.
    My advise, be ready to adapt and re-invent yourself to the changing world.
     
  10. 2FAST4U

    2FAST4U New Member

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    Sound Advice.
     
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