Can an employer establish different probationary periods for new employees?

  • An employer is free to establish different probationary periods for different employees.
  • Be careful to avoid an appearance that there is some discriminatory motive behind those different probationary periods.
  • As long as those periods are applied in a reasonable manner, an employer can have different periods for different employees or different classes of employees.

 

Cohn, Lifland, Pearlman, Herrmann and Knopf LLP