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I was terminated 3 days after my 90 day probation period. Does this mean anything? What is the purpose of a 90 day probation?

San Jose, CA |

My employer told me that he felt it was not a "good fit" and that since the 90 day probation period was approaching, he needed to let me go. I asked what he was looking for and his response was "I do not think that you have enough construction experience" This was a line of bullshit!
My position was Accounting/Contracts Manager. I taught myself how to do Certified Payroll, which had not been done at this company for over 11 months. I printed and gave the owner the contracts to sign. My job was NOT to quote prices for the customer. If I needed to do this I always confirmed what I was quoting.
I am a lesbian and I believe that I was terminated because the owner did not agree with my lifestyle.

Attorney Answers 6


  1. This is not a criminal question. You should consult a civil rights or employment lawyer if you believe you were discriminated against based on sexual orientation.


  2. I am sorry to hear about you having to go through this. I would suggest meeting with a competent and experienced attorney to go over your case. In my experience, when reviewing client files / facts, other issues and grounds for a claim surface. Good luck.

    This answer should not be used as a final ruling on your case as more facts are needed to fully understand and expound upon your legal inquiry. This answer should be used a short introduction to the legal theories that may apply.


  3. Your claim must be based on substantiated facts and not speculation. California is an employment at will jurisdiction. Absent that you have a written employment agreement or a factually supported discrimination claim there may be nothing that can come out of this. In that case move on and find a better job .


  4. Unfortunately, this is not a criminal defense question. I would advise you to contact an employment attorney concerning the workplace discrimination you experienced.


  5. The 90-day probation period means nothing, unless you have a written contract. Even if you pass the 90-days, you are still considered an "at-will" employee, meaning you can be fired for any reason other than a discriminatory or illegal reason.

    David Mallen

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.

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