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How long can a probation period last with a new employer

Anaheim, CA |

i have been with this employer since sept 09 and still have not been lifted from my probation period

Attorney Answers 3


  1. Unless you are protected by a collective bargaining (union) agreement there is no limit on a probation period in California.

    Probation doesn't mean a lot in an employment at will state like California. Even after probation one can be fired for no reason at all.


  2. Unless you are protected by a collective bargaining (union) agreement there is no limit on a probation period in California.

    Probation doesn't mean a lot in an employment at will state like California. Even after probation one can be fired for no reason at all.


  3. Generally, it is within the employer's discretion to determine how long a probation period will last, unless the reason for the probation is discriminatory or otherwise unlawful. Since most employees are presumed to be terminable at the will of an employer anyway, there is not much distinction between a probationary employee and a non-probationary employee. But if it is effecting being eligible for benefits, it may be worth discussing with human resources. Refer to your employee handbook, if there is one, to be familiar with company policy.

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