When starting a new job or hiring a new employee, you may face the prospect of an initial probation period. What the heck is a probationary period?

Let me tell you a little secret…most employers struggle to fill jobs with highly qualified employees, so more and more companies are instituting probation periods for newly hired employees because they have to take more risks when they hire.

While I’m going to position this from the employee’s point of view, these same perspectives are also crucial for employers. Most employment litigation springs from the hiring and firing process – and a probationary period is no guarantee that you won’t get sued.

Assessing the Situation

1. Clarify the purpose. The most common reason employers use probationary periods is to ensure that they are satisfied with their hiring decision before making the arrangement a longer-term commitment. As an employee, you need to conduct some background research. What you find out may help you determine if the probationary period is a longstanding policy or a reaction to recent personnel issues. You should consider the probationary period as a trial period for you as well…is this a good fit for you?
2. Understand the terms. Some positions are advertised as temporary or part-time with the potential to become regular or complete time. Employers – for the love of all things holy, please don’t ever call a job “permanent”! In other cases, the expectation may exist that any candidate will become a regular employee upon completing the probation period. Compensation packages, including pay and benefits, may be lower initially, or they may be unaffected.
3. Learn the success rate. Ask around and see how things worked for others in your situation. It’s a good sign if all your coworkers started in the same fashion and are happy to continue in their jobs. Suppose there’s a history of employees being terminated when their initial contract expires. In that case, you may want to make sure your performance is solid and mentally, emotionally, legally, and financially prepared for that potential outcome.

Positioning Yourself to Succeed

1. Agree on the evaluation schedule and methods. You and your supervisor need to have a meeting of the minds on when and how you’ll be evaluated. Reach a consensus on goals and performance measures. Doing this on the first day or two is best when you and your new boss are in the honeymoon period. Get this documented if you can – and confirm by email if you can’t. Be polite and appreciative of the opportunity.
2. Read your job description. Job descriptions are essential for you and your employer. And many companies don’t have them. Suppose you are an employee, as for one, or keep a copy of the job ad you responded to. Employers – make sure you have job descriptions for all your employees. Review the list of duties & responsibilities, the qualities needed, and the relationships between your position and the rest of the organization.
3. Ask for the training you need. Let your supervisor know if you need specific training to do your job. If this wasn’t discussed at the interview, make sure to discuss it after you get to that “meeting of the minds” This may be a combination of internal and external programs or even self-education. But you and your boss need to be on the same music sheet if there’s a skills gap.
4. Meet regularly with your supervisor. Frequent communication will help everyone stay on track. Informal feedback and routine check-ins allow you to make valuable contributions and resolve conflicts promptly. I recommend one-on-one meetings at least weekly – and probably even more frequently during probation.
5. Reach out to your coworkers. A wise employer will consult an employee’s peers to gather pertinent information. Make a good impression by always being helpful and demonstrating a friendly attitude.
6. Know the boundaries. It’s natural to feel like you’re being tested – because you are. You are testing your abilities, and your new employer is evaluating you. You may decide it’s worthwhile to work longer hours and take on additional tasks if it improves your chances. Keep in mind, however, what you can reasonably sustain over the long haul. You’re setting expectations that may be impossible to sustain. If you can’t function within the boundaries you set for yourself, you may need to question the fit.

Other Considerations

1. Get everything in writing. A letter of agreement protects both the employer and the employee. Could you read it carefully before you sign?
2. Check your benefits before you are hired. Some employers decline to provide health insurance for probationary employees or require a lengthy waiting period. You may need to purchase your policy for yourself and your family during this interval. Know the benefits before you go in.
3. Rewrite your resume. What you put on your resume could depend on your circumstances. If you wind up doing short-term contract work that fails to result in a regular full-time position, you may want to describe it that way to explain any rapid job churn.
4. Know the law. Employment terminology can be complex and have significant legal implications. Employment is predominantly covered by state law and can vary wildly from state to state. If you move to a new state, many rules may differ. Check with your state labor department or a trusted professional if you have any questions. They can help explain the difference between contract workers and employees and your eligibility for severance, PTO pay, benefits, and unemployment compensation.

If you didn’t think about probation periods before, you should now. Initial probation periods may pose an additional challenge when starting a new job, but everything can work well. Analyze what you’re being offered to be sure it meets your needs and know your rights. Then put in an excellent performance so you’ll ace your evaluation.

Knowledge of employment laws and regulations is critical whether you are an employee or an employer. Nolo offers several books on the subject – one of the best basic ones being The Employer’s Legal Handbook by Fred Steingold. State laws differ dramatically from state to state, and getting a good feel for Federal law and general principles and diving into your state is probably the best approach.