Distinguishing between an "introductory period" and a "probationary period" for newly hired employees is crucial. Keep reading to find out why!
Many employers implement a designated period for newly hired employees to gain confidence in their roles, learn how to effectively perform their jobs, and build connections with their teams. This period offers both you and the employee an opportunity to determine if the employment relationship is mutually beneficial and a good fit. The terms "introductory period" and "probationary period” are frequently used interchangeably to refer to this time; however, there is a stark difference between these terms, and it is crucial for you, as a California employer, to classify this period correctly.
California is an "at-will" state, meaning you or your employee can terminate the employment relationship with or without cause or notice. Unfortunately, when using the term "probationary period,” you may unintentionally imply that there is a promise of continued employment upon satisfactory completion of this period. This could lead to potential claims of wrongful termination if an employee feels that an agreement was broken.
Instead of using the term "probationary period", consider using the term "introductory period.” An “introductory period,” has a slightly more inviting tone that insinuates a welcoming work culture. You can still specify a timeframe for you and your employee to determine the possibility of creating a fruitful and fulfilling work relationship by putting an introductory period into place. To ensure compliance, the company policy should state that the successful completion of the introductory period does not supersede the at-will employment status.
If you are considering implementing an introductory period policy, contact your HR consulting team for guidance.