Tag: Probationary Period

Probationary clauses: Devil is in the details

by J. Alexandra MacCarthy In Canada, the legal effect of a probationary clause in an employment contract can be unclear depending upon the facts of the particular case. The Supreme Court of British Columbia recently addressed probationary clauses in employment contracts in Ly v. British Columbia (Interior Health Authority), 2017 BCSC 42. The plaintiff (PY) […]

Ask the Expert: Holiday Pay for Probationary Employees?

Question: Our company has a probationary period of 90 days for all new hires (both exempt and non-exempt) that does not allow holiday pay until after the probationary period is met. I read under DOL that FLSA does not require private employers to provide holiday pay. Are we violating any rules?

ATE: How Do We Handle Probationary Employee Called to Active Duty?

My question regards a probationary employee called to active duty. We have an employee who is serving a 9-month probationary period who was called to active duty for 2 years. By law, do we have to make them a permanent employee? Or do extend the probation and upon her/his return have the employee complete their […]

Alice is Smoking in the Dynamite Shack

Lott, one of SHRM’s most popular speakers, counsels employers on lawsuit avoidance from www.Hunterlott.com. Alice is Smoking in the Dynamite Shack Here’s the typical progressive discipline policy that I see, says Lott: “To insure that business is conducted properly and efficiently, you must conform to certain standards of attendance, conduct, work performance and other work […]

Probationary Period? Get Rid of It!

Yesterday’s Advisor featured legal tips about probationary periods. Today, Hunter “Please Sue Me” Lott says, “Get rid of your probationary period.” Otherwise you risk negating your employees’ at-will status. Lott says that any “probationary period” or “introductory period” (or as one company calls it, “comfort time”) is a threat to the employer’s at-will status because […]


Probationary Periods — Dangerous Device or Necessary Tool?

Many employers start employees off with probationary periods during which the employer can let the new employees go without worrying about just cause and lawsuits. Sounds good, but there’s a downside, says attorney Sandra Rappaport.

Montana House Passes Bills That May Cause Criminal Penalties, Disastrous Results for Employers

By Jeanne M. Bender Two bills that are progressing through the Montana Legislature would impose significant restrictions on employers’ staffing response to emergencies and their ability to manage unemployment compensation eligibility for recent hires. Montana law currently limits the workday in certain occupations and for certain employers (e.g., mining, smelting, school districts, and state and […]