Many 90 Day Trial Clauses Are Worthless

A valid 90 day trial period will usually prevent a dismissed employee from taking an unjustified dismissal personal grievance claim if they are fired within the 90 days. It does not prevent the employee from taking an unjustified disadvantage or breach of contract claim.

We are finding that many 90 day clauses are completely invalid. This means that if your employer dismisses you you will probably have a very strong claim against them for unjustified dismissal.  Some key points:

• If you did not sign the employment agreement BEFORE your very first day of work, the 90 day clause is invalid.
• If the employer did not give you enough time to get advice about the clause before you signed the employment agreement (even if it was signed before you started work) it is probably invalid.
• If the clause does not exactly follow the wording required by law it is probably invalid.
• Now that 90 day clauses have been around for a while, many employers are getting careless and not taking enough care to ensure that their clauses are valid. The chance that your 90 day clause is null and void is increasing.
• Some employees make the mistake of taking legal advice from friends who do not understand 90 day clauses as well as they think they do. The result: the employee walks away from what would have been a strong claim.

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