Can I see if my employer did not disclose their ‘probation period’ policy?

UPDATED: Oct 1, 2022

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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

Asked on April 2, 2018 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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