Terminating a probationary employee is a highly sensitive tasks for any business owner. Although the probationary period is designed to test a new hire's fit, legal requirements must still be adhered to to avoid costly litigation.
Why Use a Probationary Period?
The primary goal of probation is to determine if the staff member possesses the essential skills and attitude for the permanent role. Generally, this period ranges from three to six months. In this window, the employer can observe output diligently.
Key Legal Considerations
It is a common misconception that companies can fire someone for no cause at all during probation. However, statutes regularly stipulate a fair process.
The Employment Agreement: Ensure that the letter of offer clearly defines the length of the probation and the termination requirements.
Performance Feedback: It is vital to provide regular feedback so the employee knows where they stand.
Human Rights Compliance: Even during probation, dismissal cannot be motivated by race, gender, termination of probationary employee or religion.
The Proper Dismissal Process
If it is evident that the probationary staffer is termination of probationary employee underperforming, using a formal approach is essential.
Document Everything: Keep logs of performance issues. Documentation is crucial if a dispute termination of probationary employee arises.
Issue a Formal Warning: Give the employee an opportunity to course-correct. In some cases, a simple conversation can resolve the problem.
The Final Discussion: Hold a brief meeting to notify the employee of the decision. Remain firm but empathetic.
What Not to Do
Steering clear of common mistakes can save the company from legal headaches.
Delaying the Decision: If you wait until after the probation period has expired, the employee might instantly gain full employment rights.
Lack of Clarity: Guarantee that the goals set for the probationer are the same as those given to others in similar roles.
Lack of Notice: Always, termination of probationary employee you must give the contractual pay in lieu of notice except in cases of gross misconduct.
Conclusion
The termination of a probationary employee is rarely easy, but it is often unavoidable for the health of the business. By proceeding with integrity and aligning with legal standards, organizations can termination of probationary employee manage these transitions effectively. It is wise to speak with legal counsel to confirm your procedures are up to date.