Probationary periods allow employers to see whether a new hire is capable of successfully fulfilling the duties of the job he or she is being hired for, but they can also be used as tools to weaponize at-will employment—in which employees can be terminated or quit at any time—if they aren’t implemented correctly.
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This has many legal implications and can lead to many unwanted repercussions, especially for unionized industries. So, probationary periods must be executed properly if they’re to remain effective for both employers and employees—and if they’re to remain legal.
Follow the best practices outlined here if you want your organization to execute probationary periods effectively.
Clearly Document and Define Terms and Agreements
When extending probationary periods of employment to new hires, be as clear as possible when marking the dates their probationary periods begin and end in the employment agreements they sign, as well as what their individual probationary periods indicate.
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For example, are employees in a probationary period subject to routine performance evaluations during this time? Are they expected to carry out or master certain tasks or skills? Or, are they unable to access certain benefits that other “regular” employees can access? Furthermore, clearly indicate what will happen when the probationary period ends; will they be evaluated or just continue their initial work?
At a minimum, offer detailed documents to employees that outline the terms of a probationary period unambiguously and in accordance with federal and state laws.
Also, because many new hires will not like the idea of being on “probation” as soon as they are hired, as the term implies they are being disciplined, consider using terms like “trial period,” “introductory period,” or “training period” when offering probationary periods of employment, but clearly detail what these terms mean for each employment agreement.
Collect Employee Performance Data and Feedback, and Keep Lines of Communication Open
During each new hire’s probationary period, collect data on his or her performance to make strategic decisions regarding his or her future employment status with your organization. This objective information can be useful when extending permanent positions to an employee or when terminating or promoting an employee.
Also, solicit new hires’ feedback about your onboarding and training programs, as many new hires don’t perform well right away not because they are unqualified for the role but because of a lack of adequate onboarding, training, and leadership.
So, when you collect these data and feedback, discuss with these employees what you uncover at length, and offer them opportunities to improve their performance so your organization can keep attrition levels low and employee engagement levels high.