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<< Back to FAQ/Fact list Q: For the past five years we have had a “probationary period” for the first 90 days of employment. We have recently been advised that this should be termed an “introductory period.” Why should we change it? A: There are basically two reasons to change the language. First, the term "probationary period" can be seen as an implied contract, negating the at-will rights employers try so hard to maintain. The implication is that once an employee completes a "probationary" period they will be retained no matter what. It is also very important that you do not call an employee who has completed the introductory period a "permanent" employee. We recommend they become a "regular" employee. The term "permanent" implies that they will always be with the organization. We also recommend that you have in your policies a disclaimer that the transition from the introductory period to a regular employee does not alter the at-will employment relationship in any way. Another good reason not to use the term "probationary" for new hires is that this terminology is often utilized in the corrective action process when an employee is not performing to standards. Having two completely separate periods referred to by the same terminology can be very confusing, or even misleading. Therefore, our suggestion is to re-name the initial period introduction or orientation. |