Karla Grossenbacher Published in Employment Law Strategist
"Beware the Probationary Employment Period"

Karla Grossenbacher’s article, "Beware the Probationary Employment Period," was published in the July 2010 issue of Employment Law Strategist. In her article, Karla discusses the legal risks employers take when deciding to discipline or terminate a probationary employee. Karla writes that terminating a probationary employee in the private sector presents the exact same legal risk as terminating any other at-will employee. She explains that probationary periods have the most benefit in the private sector in a union environment. Karla furthers explains that typically, employers will negotiate a term in the collective bargaining agreement, which would prevent the union from filing a grievance if a probationary employee is disciplined or terminated. Therefore, the employer does not have the potential expense of an arbitration proceeding with the union when it decides to discipline or terminate a probationary employee.

According to Karla, probationary employees have the same right to bring claims against an employer upon termination as regular employees, there is no principled reason for believing employers bear less risk when terminating probationary employees. She concludes, "Employers can implement policies that may help, but unless the policies are drafted and implemented correctly, they may not serve to minimize risk and could in fact, create additional risk."