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Probationary Period - Commentary

Many employers designate new employees as "probationary employees" and require that they complete a "probationary period" before becoming a "regular" full or part-time employee. In general, however, it is a distinction without a legal difference. In states with traditional at-will doctrines, an employer can terminate an at-will employee, whether probationary or not, at any time, with or without cause. Nevertheless, probationary periods are meant to convey to the employee that the employer will be closely monitoring job performance and progress. Employers that have probationary periods, however, should ensure that the wrong message is not sent: unless the employer intends otherwise, all employees must know that they are employed at-will.


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