90 Day Trial Periods Invalid After 1 Day

Some employment agreements contain 90 day trial period provisions. There are some important points to bear in mind:

• 90 day trial periods are only for new employees.
• Someone who has worked for that employer before cannot be put on a 90 day trial period.
• Someone who already works for that employer cannot be put on a 90 day trial period – even if they have only worked for that employer for 1 day.
• If you are dismissed under a 90 day trial period provision the employer has to tell you the reasons why you were dismissed if you ask at the time but they don’t have to give you the reasons for the dismissal if you ask later.

If the employer dismissed you under the 90 day trial period you can still sue them for unjustified disadvantage, discrimination, sexual and racial harassment, breach of good faith (in some cases) or for failing to keep to the other terms of your employment agreement.
If you’re unsure if a 90 day trial period provision applies to you please contact us.