The Power of the 90 Day Probationary Employment Agreement

As an employment lawyer, I have always been fascinated by the 90 day probationary employment agreement. This type of agreement has the potential to not only benefit employers but also employees, and it is a valuable tool in the hiring process.

Understanding the 90 Day Probationary Employment Agreement

The 90 day probationary employment agreement is a common practice in the workforce. It allows both the employer and the employee to assess each other and determine if the fit is right for a long-term working relationship. During this period, the employer can evaluate the employee`s performance and decide whether to make the position permanent. Similarly, the employee has the opportunity to assess the job and company culture and decide if it is the right fit for them.

The Benefits of a 90 Day Probationary Employment Agreement

There are several benefits to implementing a 90 day probationary period in an employment agreement. Employers, Provides a trial period to evaluate the employee`s skills, work ethic, and overall fit within organization. This can help reduce the risk of making a bad hire and potentially save the company time and resources in the long run. For employees, it offers the chance to get a feel for the job and company before making a long-term commitment. It also allows them to showcase their abilities and potentially secure a permanent position.

Case Study: The Impact of a 90 Day Probationary Period

In a study conducted by the Society for Human Resource Management (SHRM), it was found that 58% of organizations use a 90 day probationary period for new hires. Of those organizations, 86% reported that the probationary period was effective in evaluating new employees. This demonstrates the significant impact that a 90 day probationary employment agreement can have on the hiring process.

Benefits Employers	Benefits Employees
Reduces the risk of making a bad hire	Allows the opportunity to assess the job and company culture
Provides a trial period to evaluate the employee`s skills	Opportunity to showcase their abilities
Potentially saves the company time and resources	Chance to secure a permanent position

The 90 day probationary employment agreement is a powerful tool that can benefit both employers and employees. It provides a valuable trial period for assessment and evaluation, ultimately leading to better hiring decisions and job satisfaction. As an employment lawyer, I highly recommend the implementation of a 90 day probationary period in employment agreements for its numerous advantages.

Top 10 Legal Questions About 90 Day Probationary Employment Agreement

Question	Answer
Can an employer terminate a probationary employee without cause?	Unfortunately, yes. During the probationary period, employers generally have the right to terminate an employee without cause. However, it is important for the employer to follow the terms of the probationary employment agreement and any applicable employment laws in doing so.
What are the typical terms included in a 90 day probationary employment agreement?	The terms of a probationary employment agreement can vary, but they often include details about the length of the probationary period, performance expectations, evaluation processes, and any specific conditions that must be met in order to move from probationary status to regular employment.
Can an employee negotiate the terms of a 90 day probationary employment agreement?	Yes, in many cases, employees have the opportunity to negotiate the terms of their probationary employment agreement before signing. It is important to carefully review and understand the terms before agreeing to them, and consider seeking legal advice if needed.
What happens if an employer does not provide a written probationary employment agreement?	Employers are generally required to provide written documentation of the terms and conditions of employment, including probationary periods. If an employer fails to do so, it can create uncertainty and potential legal issues for both parties. It is advisable to seek legal guidance in such situations.
Are probationary employees entitled to the same benefits as regular employees?	Probationary employees may not always be entitled to the same benefits as regular employees, depending on the terms of the probationary employment agreement and applicable employment laws. It is important for employees to carefully review these terms and seek clarification from their employer if needed.
Can an employer extend a probationary period beyond 90 days?	While the 90 day period is a common probationary duration, employers may have the discretion to extend it under certain circumstances. However, any such extension should be clearly communicated and documented in writing to avoid misunderstandings and potential legal disputes.
Can a probationary employee file a wrongful termination claim?	In some cases, probationary employees may still have legal protections against wrongful termination, such as if the termination was based on discriminatory or retaliatory reasons. It is important for employees to seek legal advice to determine whether they have grounds for such claims.
What should an employee do if they feel their rights under the probationary employment agreement have been violated?	If an employee believes their rights have been violated, they should document any relevant details and seek legal advice promptly. This may involve discussing the situation with their employer, filing a complaint with the appropriate government agency, or pursuing legal action if necessary.
Can an employer require a probationary employee to sign a non-compete agreement?	Employers may choose to require probationary employees to sign a non-compete agreement, but such agreements must comply with applicable laws and be reasonable in scope and duration. Employees should carefully review any such requirements and seek legal advice as needed.
What happens when a probationary employee becomes a regular employee after 90 days?	When a probationary employee successfully transitions to regular employment, they are typically entitled to the benefits and protections associated with regular employment. It is important for both employers and employees to ensure that the terms of the probationary employment agreement are appropriately updated to reflect this change in status.

90 Day Probationary Employment Agreement

This 90 Day Probationary Employment Agreement (“Agreement”) is entered into on this [Date] by and between the employer [Employer Name] and the employee [Employee Name]. This Agreement outlines the terms and conditions of the probationary period for the employee.

1. Probationary Period	The probationary period shall commence on [Start Date] and shall continue for a period of 90 days.
2. Employment Status	During the probationary period, the employee`s employment status shall be considered at-will and may be terminated by either party with or without cause and with or without notice.
3. Performance Review	The employee`s performance shall be evaluated periodically during the probationary period. The employer reserves the right to terminate the employee if their performance is deemed unsatisfactory.
4. Compensation and Benefits	The employee shall receive the agreed-upon compensation and benefits during the probationary period, subject to the employer`s policies and procedures.
5. Confidentiality and Non-Disclosure	The employee shall adhere to the confidentiality and non-disclosure obligations set forth in the employer`s policies and procedures.
6. Termination of Employment	Either party may terminate the employee`s employment during the probationary period without cause and without notice. Upon termination, the employee shall be entitled to any accrued but unpaid compensation and benefits.
7. Entire Agreement	This Agreement constitutes the entire understanding between the employer and the employee with respect to the probationary employment period and supersedes all prior agreements and understandings, whether written or oral.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

[Employer Name]

____________________________________________________

[Employee Name]

____________________________________________________