Q: Is it less risky to separate a new hire within their first 90 days of employment?
A. No. A 30, 60 or 90-day Introductory period (ie. training period or probationary period) does not provide any additional protection from the risks associated with separating employees.
Employers should address concerns about performance, attendance or behavior early in the employment relationship. Overlooking problems may cause employees to believe their performance is acceptable, thus making later disciplinary action seem unfair, discriminatory or retaliatory.
Whether performance or conduct issues occur in the first few weeks after hire or months later, addressing and documenting these issues is an ongoing process. For all separations, employers should be able to clearly articulate the reason for separation and have clear documentation that supports this decision.
Before separating an employee, ESC recommends considering the consequences associated with doing so. When it comes to new employees, employers should also consider whether the new hire has been given the appropriate training and resources to be successful in their new position, as well as the opportunity to correct mistakes.