Great Lakes Wire

ASE conducts reviews of numerous employee handbooks annually, advising employers to update them at least once a year for compliance and accuracy. A common feature in many handbooks is the probationary period, which can also be referred to as an orientation, introductory, or evaluation period.

The probationary period is often found in unionized organizations and defined within collective bargaining agreements. It marks a timeframe where new employees are considered at-will, allowing employers to assess their performance before granting them just cause employment protections. Typically lasting 90 days, this period allows employers to evaluate whether an employee's work meets the required standards for continued employment.

In non-union settings, similar policies exist under various names such as Orientation, Evaluation, or Introductory Periods. These periods serve a similar purpose and duration as the traditional probationary period. They aim to provide both employer and employee with an opportunity to determine if there is a good fit while offering on-the-job training and formal evaluations.

CCH AnswersNow provides further insights into probationary periods in non-union contexts: "Current practices.For employers who still maintain formal probationary periods for new employees, typically the practice includes an explanation to employees that during the initial phase of their employment, there will be an extra emphasis on evaluating the potential of an employee to become a successful member of the organization."

Moreover, some companies use this period to define benefit eligibility timelines rather than performance assessment alone: "Many companies also set up a 'probationary period' that really is intended to describe the time period for benefit eligibility."

An essential component of these policies is a disclaimer clarifying that completing this initial phase does not alter the at-will nature of employment: “completion of this period does not change or modify (supersede) the employer’s at-will employment relationship.” This protects against legal challenges suggesting increased job security post-completion.

In at-will employment relationships without union influence, job security remains unchanged throughout all phases. Employers should ensure that any introductory policy clearly states its purpose and expectations while affirming it does not affect at-will status.

This information was provided by Michael Burns through ASE's partnership with SBAM.