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Question: Fired during probation period

Personality conflict between boss and new hire. Two negativ 2ski04/09/18
California At will state. As long as you don’t have a writ ipesq04/09/18
Your guy is SOL. isthisit04/10/18
Yup. He just learned a hard lesson in corporate politics. T 2ski04/10/18
Fired or let go? If they gonna fire someone for cause, th triplesix04/10/18
Fired. I didn't think you have to show cause during probati 2ski04/10/18
If you fire for cause, you have to show and document cause. triplesix04/10/18
Cause was 2 sub-standard performance reviews. What caught m 2ski04/10/18
"difficult to work with, hates some people," Doesn't soun triplesix04/10/18
Those words never made it to paper. My bad. Written review 2ski04/10/18
He’s screwed, but even probation and at will employment re qdllc04/10/18
2ski (Apr 9, 2018 - 8:17 pm)

Personality conflict between boss and new hire. Two negative non specific written reviews based on heresay from coworkers signed by boss who never physically observed employee performing work. Terminated 30 days before probation ends. I don't know Cali employment. Any solid recourse here? Methinks since probation is not an employee yet, then SOL. Thanks in advance.

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ipesq (Apr 9, 2018 - 8:21 pm)

California At will state. As long as you don’t have a written employment contract/Cba, employers can fire you for any reason any time as long as they are not firing you because due to protected status of race, gender, sexuality, disability.

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isthisit (Apr 10, 2018 - 7:57 am)

Your guy is SOL.

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2ski (Apr 10, 2018 - 8:14 am)

Yup. He just learned a hard lesson in corporate politics. Thanks again everyone.

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triplesix (Apr 10, 2018 - 8:19 am)

Fired or let go?

If they gonna fire someone for cause, they have to follow internal procedures etc... Probably doesn't change your calculus though.

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2ski (Apr 10, 2018 - 8:34 am)

Fired. I didn't think you have to show cause during probation. But as ipesq pointed out, Cal is an at-will state.

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triplesix (Apr 10, 2018 - 8:40 am)

If you fire for cause, you have to show and document cause. Otherwise he was let go, layed off.

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2ski (Apr 10, 2018 - 8:47 am)

Cause was 2 sub-standard performance reviews. What caught my eye was boss writes a negative review without actually observing subject. Only feedback from others in the employ.(ie. difficult to work with, hates some people, etc.)

But at-will trumps all that.

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triplesix (Apr 10, 2018 - 8:55 am)

"difficult to work with, hates some people,"

Doesn't sound like a performance issue, corporate speak for "bad fit" though haha

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2ski (Apr 10, 2018 - 9:00 am)

Those words never made it to paper. My bad.
Written review was typical, " tasks not completed in timely manner, lack of focus..."
Agree with the bad fit.

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qdllc (Apr 10, 2018 - 10:32 am)

He’s screwed, but even probation and at will employment requires an employer to take care.

If his employer goes and says in a reference check that he did A, B, and C when there was no direct observation, it may open them to a defamation claim. Fortunately, most places will just confirm employment without going into detail.

It’s not happened often, but if I got a negative review and the fault was not mine, I protested and had it put on the review. To do otherwise essentially is to agree to the accuracy of the review. I also refuse to sign anything implying fault on my part unless it is 100% factual. Otherwise it could be argued that my signature equals acceptance of fault.

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