Can I see if my employer did not disclose their ‘probation period’ policy?
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Can I see if my employer did not disclose their ‘probation period’ policy?
My employer recently terminated my
employment as my ‘probation’ period had
ended and they decided not to continue
with my employment. This was documented
in a written letter and email. They
never disclosed such a policy before I
accepted the offer of employment, and
there is no such policy documented in
the employee handbook I received as part
of my offer and acceptance of
employment. I likely would have
continued my search had I known of this
policy. The probation period lasted 60
days.
Asked on April 2, 2018 under Employment Labor Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, you may not sue them unless their termination of you violated the terms of a written employment contract which was for a defined period of time (e.g. a one-year contract with a set start date) which had not yet expired, in which case you could sue for "breach of contract."
Otherwise, without your employment being guaranteed or protected by such a contract, you were an employee at will and could legally be terminated at any time, for any reason, without prior notice or warning--and so could be legally terminated due to some undisclosed probation period. An employee at will has no rights in or to his or her job, and so cannot sue for being terminated.
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