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Employment Law/90 day work probation

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Question
we have many 90 day probationary employees and some are good and others are not so good my question is can i let someone go with out doing the standard write ups or just tell them today is your last day and move on . i do appreciate your answer thxs..........

Answer
Rick - You are free to give them their walking papers without going through your disciplinary process.  That's the beauty of probationary periods.  The only exceptions would be (1) they have a written employment agreement stating they can only be terminated for cause; (2)they are union members; or (3) there is a discriminatory motive to the choices of who stays and who goes, e.g., you keep on all the men and let the women go.  Avoid those circumstances and you're fine.

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Margaret M. deMarteleire

Expertise

I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.

Experience

Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Education/Credentials
Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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