A probationary period does not strip you of workplace protections. Employers must still comply with federal and state employment laws when terminating probationary employees. If you believe your termination violated your rights, speak to our Los Angeles wrongful termination attorneys and see if you qualify for a wrongful termination claim.
What are Probationary Periods?
Probationary periods are typically outlined in an employment contract or offer letter. These periods, often ranging from 30 to 90 days, allow employers to assess an employee’s skills, behavior, and compatibility with the workplace. Employers can terminate probationary employees without needing to show extensive cause. However, employers cannot use probationary status as a justification for discriminatory, retaliatory, or other illegal termination practices.
When Can You Claim Wrongful Termination During Probation?
Wrongful termination can be claimed during a probationary period if the termination violates legal rights. For example, some key situations include:
Discrimination
If your termination was influenced by discriminatory factors, such as race, age, gender, or disability, you have grounds for a wrongful termination claim. For example:
- An employee terminated during probation shortly after disclosing a disability could claim disability discrimination if the termination was based on their condition.
- Similarly, a female employee terminated due to pregnancy during probation would have grounds for a claim under laws like the Pregnancy Discrimination Act or California’s Fair Employment and Housing Act (FEHA). Our experienced pregnancy discrimination lawyers can help you with your claim if you want to pursue legal action against your employer.
Retaliation
If your termination followed a legally protected action, such as reporting harassment or unsafe working conditions, you may have a retaliation claim. Employers cannot use the probationary period as a pretext to retaliate against employees for asserting their rights. Speak to our workplace retaliation attorney in Los Angeles for legal assistance on your case.
Violation of Public Policy
Public policy violations occur when an employer terminates an employee for reasons that go against societal values or legal standards. Examples include firing an employee for:
- Taking medical leave under the Family and Medical Leave Act (FMLA) or California’s California Family Rights Act (CFRA).
- Refusing to participate in illegal activities.
Breach of Contract
If you signed an employment contract with specific terms regarding probationary termination, and the employer violated those terms, you may have a claim. For example, a contract requiring a written warning before termination would make a sudden dismissal without notice unlawful.
Not all terminations during probation are wrongful. Employers have the right to terminate employees for lawful reasons, including poor performance, lack of required skills, misconduct or violations of workplace policies, organizational restructuring, or budgetary constraints.
Steps to Take if You Suspect Wrongful Termination During Probation
If you believe your termination during a probationary period was unlawful, take these steps:
Review Employment Documents
- Check your offer letter, employment contract, or handbook to understand the terms of your probationary period.
- Identify any policies related to termination, performance reviews, or warning procedures.
Document the Circumstances
- Keep records of any discriminatory comments, retaliatory actions, or reasons given for your termination.
- Gather supporting evidence, such as emails, performance evaluations, or witness accounts.
Request an Explanation
Ask your employer for a written explanation of your termination. This can provide clarity on whether the decision was based on lawful reasons.
Consult an Employment Attorney
A Los Angeles wrongful termination attorney can evaluate your case, determine if your termination violated employment laws, and guide you on filing a claim. Contact us at Yadegar, Minoofar, & Soleymani LLP for assistance.
File a Claim or Lawsuit
Depending on the circumstances, you may file a complaint with the Equal Employment Opportunity Commission (EEOC), California’s Civil Rights Department (CRD), or pursue a lawsuit for damages.