90 day trial periods and how to deal with them

Many employees have 90 day trial provisions in their employment agreements. We don’t like them, but often employees have no choice but to accept a trial period if they want the job.

We have recently seen situations where long standing employees are being asked to sign revised employment agreements containing 90 day trial provisions. Employers can’t do this. The 90 days starts from the beginning of your employment – and not after you have already worked for them for longer than 90 days. If you are asked to sign such an agreement please contact us.

If you are a new employee and you are dismissed during the trial period, you can’t generally sue the employer for an unjustified dismissal, however, the law does allow you to sue them for other things, including unjustified disadvantage. This means that if you are bullied, the employer changes your work or working conditions without your consent, you are subjected to sexual or racial harassment, or any number of other unpleasant things, that you can still seek justice if you are dismissed. If something bad happens to you within the trial period, you don’t need to just walk away if you are dismissed. Please talk to us as we can help.