How to terminate an employee during probation period

How do I dismiss an employee during probation? What to do before probation termination? How long does probation take to terminate? Can I terminate my probationary agreement?

The manual should clearly explain what the company expects from new hires within a probation period. By referencing these sections, you can clearly inform the employee why she is being terminated. Compile a termination sheet for the employee , explaining the company’s decision. Consider the following procedure for dismissing an employee during their probation period : In writing, invite the employee to a probationary review meeting where you’ll discuss issues relating to their performance.

In the letter, inform them you’re considering terminating their contract. Probationary period dismissal procedure: Write to the employee to invite them to a probationary review meeting and tell them that you are considering terminating their contract due to issues with their performance. How to terminate employees during their probationary period Many, if not, most employment contracts contain a probationary period during which the employer can terminate the worker’s employment without having to go through all the usual processes.

It is a common misconception that probationary periods mean that you can terminate an employee ’s contract with no risk. This misconception often leads employers to not follow their usual employment procedures during probationary periods , thereby exposing them to a legal challenge – which could be costly to the employer. The employee can be accompanied by a colleague or accredited trade union representative, but it is their right.

Termination of Employment during Probationary Period. It merely shows that the job did not work out. Below is a sample probation termination letter.

It is a formal business letter that may be delivered by hand or sent by certified mail. Before you terminate the services of an employee on probation , you need to make sure you’ve properly calculated the period of employment. It’s probably stating the obvious, but the ‘minimum period of employment ’ starts on the date employment commences. Check-in with the employee during probation.

Schedule a meeting to terminate them, and have someone from HR or another manager present to act as a witness. Incentivize them to sign a release form, releasing your company from any liability. Can you be fired without a warning? If a probationary employee is not performing satisfactorily, the employer should aim to give them time to achieve the required improvement, with adequate support and training.

This will usually mean waiting until the end of the probationary period before making a decision to terminate the employment. There are at least three reasons for considering undertaking a dismissal procedure when contemplating dismissing an employee during their probationary period :- 1. While employees cannot bring simple unfair dismissal cases until they have the necessary length of service, there are a number of circumstances where the employee does not need any particular length of service to bring a claim to the Tribunal. If you plan to fire an employee during the probation period , contact an employment attorney first. An attorney will discuss how to protect your business and avoid lawsuits while terminating probationary employees.

When an employee is off during the probation period and that has contributed to the poor performance, which has ultimately led to your decision to terminate the employment contract and consideration should be given whether the employee is disable which could lead to a disability discrimination claim. It is important to remember that an adverse action claim can be brought by a probationary employee. Discrimination claims, under state or federal anti-discrimination legislation, can also be made by probationary employees. This means that there can be Court scrutiny of your reason to terminate during probation.

Many times a probation period is used as a type of ‘fixed-term’ contract in order to terminate the employee’s employment on completion of the probation perio if the employee allegedly does not meet the job requirements or even sometimes for any other inappropriate reason. If the employee does not pass his or her probation , the employer may be left with no option but to terminate the contract. Statutory notice applies as a minimum, although the employment contract may stipulate a longer period of notice, with which the employer must comply. An unapologetic but compassionate tone is best when terminating a well-meaning employee for poor performance. Expressing regret is appropriate during a layoff.

A stern tone is best when dealing with behavior resulting in an immediate termination. They express ownership for the decision.