90 Day Trial Period Dangers

One of the reasons advanced for allowing 90 day trial periods for new employees was that the employer takes a risk in taking on a new employee, and being able to dismiss them easily within the first 90 days makes it easier for an employer to justify that risk.

We agree that there is a risk for employers when they take on new employees; but there are also risks for the employee.

If the employee was unemployed before starting work under a 90 day trial period, the harm to them from a dismissal within that time frame is less, as they’ll end up in a similar position compared to where they were before. But for employees who are giving up good, secure employment to take on a new job there are substantial risks. During that 90 day period the employee can be dismissed and have no personal grievance against the employer.

The employee can be put in the situation where they have given up a good income and job security, to end up being dismissed, merely because someone doesn’t like something trivial about them.

If you are an employee considering a job offer, we suggest trying to have the 90 day trial period clause excluded from the employment agreement. Your new employer must negotiate the employment agreement terms and conditions in good faith, and given what’s at stake for you, it’s worth a try.