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After 90 probationary period I have gotten fired for a not conclusive reason ?

Boca Raton, FL |

I have worked more then 4 months and I have gotten fired for not a good reason after my 90 probationary period. My 90 days probationary review was excellent. Any I did not failed on any jobs that was given to me. The reason was " Not enough skills for this position " For me is a wrongful termination. I think after 90 days they have to give me a conclusive reason to let me go isn't it ? The real reason that I know is I had an arguing with my manager that why he get mad on my and let me finish an important project and fired my immediately after. I did not have a 15 days notice period or a warning letter or email about the situation. What does mean 90 probationary period if we could get fired for any reasons that is not the true. I am living in Florida.Thank you for your answers.

Attorney Answers 4

Posted

Florida is an "at will" State, meaning you can be fired for any reason as long as the reason is not discriminatory and protected by a State or Federal Statute.The 90 day probationary period does not guarantee you the continuation of your job. Further a probationary period is not a legally recognized status, it is something established by the employer and period can apply to many things including a period before fringe benefits will be provided.

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Posted

Mr. Stein gives you good advice. Probationary periods are often (but not always) seen in situations where a collective bargaining agreement applies. You do not say one way or the other, but it's important to know whether you are a member of a union; if so, that probationary period may be the period before which all protections of the collective bargaining agreement apply. If there is no collective bargaining agreement, the fact that you were employed beyond the probationary period may be of little moment.

Am I suggesting that the probationary period is a mere fiction. Yes, pretty much.

Of course, you may have certain rights that are set forth in any employee handbook. If there is one, it may possibly enunciate the relevance of a probationary period.

Most employment, as Mr. Stein, notes, is "at will," meaning either the employer or the employee is free to terminate the employment relationship for any reason, even a bad reason. The exceptions to this are if there is unlawful discrimination or retaliation or if there is a written employment agreement (such as a collective bargaining agreement), or, as I mentioned above, if there are applicable rights set forth in an employee handbook.

Good luck to you.

Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement.

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Posted

I'd like to add one point not mentioned by my colleagues. The 90 day period that many employers use is a statutory period under the Florida unemployment compensation law which allows an employer to discharge someone within a fully-disclosed written 90 day period and NOT be charged with responsibility for whatever unemployment compensation is paid by the State. So, since you were fired AFTER the 90 day period, if you apply and receive unemployment compensation benefits, your ex employer's account will be charged thus raising the percentage he must on all payroll.

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Posted

Let me add some thoughts to what has already been said.

An employer generally does not have to give you a reason for your termination unless you have a contractual right under an employment contract or collective bargaining agreement to such notice.

However, if you seek unemployment benefits or file a charge of discrimination with the EEOC or the FCHR, then unless the employer does not dispute your entitlement they will have to provide a reason for your termination in response to such claim.

Anytime an employer gives an employee an excellent performance review and then terminates the employee a month later for insufficient skill, that invites an inquiry as to what the employer's actual motivation was. If the motivation was discrimination or some other unlawful employment practice, then that may be a potential claim. However, in your case you were likely hired by the same person who fired you, with little time between those events, so proving discrimination would be difficult. Also, you have a personal belief that the real reason for your termination is not discrimination, but rather the fact that you argued with your boss.

As at at will employee, the employer does not have to have a good reason to fire you. While it is said that the employer does not have to have any reason, that is technically true but things never happen in the real world without a reason. There is always a reason. But unfortunately for many employees it can be a silly, meritless reason and still not give you a remedy.

This response is merely a general discussion of an issue based on the information provided. It is not intended as legal advice and does not form an attorney-client relationship. You are encouraged to seek out an attorney of your choosing in your local jurisdiction, and to discuss your legal issue with that attorney.

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