90 day probationary period, union, discharged.

Asked over 1 year ago - San Mateo, CA

My daughter who is 21 started working for a local grocery chain. She has 10 days left on her probationary period. A co-worker of hers told her that she heard that my daughter's manager is going to fire my daughter. The reason was my daughter is too slow. She works in the deli. Can my daughter be fired for being slow? She has never missed a day of work and is always on time to work, very dependable.

Attorney answers (3)

  1. 4

    Lawyers agree

    Answered . Absolutely she can be terminated for be being too slow. An employer gets to choose who it wants to hire and keep. If your daughter is too slow, she needs to hurry up, or find a job that she will do better in.

    As a union member she has certain rights, but rarely will a union jump in where a new employee is being terminated for being too slow.

    Good luck to you and to her.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more
  2. 4

    Lawyers agree

    Answered . Yes she can be terminated. In a sense, probationary periods are part of the selection and testing process. Unfortunately, by being too slow she isn't meeting her employers expectations, as far as job performance and can be lot go...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. . That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

  3. 4

    Lawyers agree

    Answered . Based on the info provided, she generally can be terminated for being too slow. Even though there is a union, many of the protections provided by collective bargaining agreements do not extend to probationary employees. You could have an attorney review the agreement to evaluate whether your daughter is protected.

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