What are the rights of new employees during the probationary period?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are the rights of new employees during the probationary period?
I was appointed to the position of
Asked on October 21, 2017 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You indicate that you were in, or at least were hired for, a Civil Service position; in that case, you have whatever protections the Civil Service gave you, and you are doing the right thing by folllowing up with them.
Otherwise, apart from Civil Service rules, unless you had a written employment contract for a fixed or definite period (e.g. a one-year contract) which you were fired in violation of, you had no rights. When there is no contract (and no Civil Service protection), all employment is employment at will: your employer determines your job and responsibilities, and can change them at all, regardless of your title or what you were hired for; if the employer is not satisfied with you, the employer may terminate you legally at will. It's not fair, but it is legal.
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 AttorneyPages.com 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.