How To Fire An Employee Within Probation Period – 4 Steps

Written By Aleena

There are a few different ways to go about it when it comes to firing an employee. But how to fire an employee within the probation period in the most efficient way?

Firing an employee within the probation period is different from firing an employee with the company for a long time.

The main difference is that you don’t need to give them the standard two weeks’ notice. Instead, you can fire them immediately if you feel it’s warranted.

4 Steps To Fire An Employee Within Probation Period

If you want to fire an employee who is still within their probationary period, there are a few ways:

1. Give Them A Verbal Warning:

The first step is to give them a verbal warning. This is simply a warning that their behavior or performance is not up to par and needs improvement.

If they don’t improve after the notice, you can move on to the next step. It is a long shot since the employee can start to perform well.

How To Fire An Employee Within Probation Period

However, this is an indirect way to fire an employee. When an employee gets a verbal warning, they know that their job is on the line.

Some employees need the probationary period to search for new jobs. Thus, they either start trying harder or leave the company independently.

2. Give Them A Written Warning:

The next step is to give them a written warning. This is similar to a verbal warning, but it is more formal and documented.

Give a written notice if the employee’s performance doesn’t improve after a warning.

This is a more direct way of firing an employee, as they know they are on notice and their job is in danger.

The written warning should state what the problem is. It should also include consequences if the employee doesn’t improve.

This warning indicates that their employment is in trouble before the probationary period.

If they don’t start doing well, you have all legal right to dismiss them immediately.

3. Talk To Them To Fire An Employee Within Probation Period:

You can also talk to the employee about their probationary period.

This is a more informal chat, but it can still be quite effective.

You can explain that you’re not happy with their performance and think about letting them go.

This will give the employee a chance to improve or look for another job. This is the least formal way of firing an employee, but it can still be effective.

However, it serves as proof of why you needed to fire the employee right away in some cases.

Some employees start performing poorly during the probationary period.

It is because they are just completing their time. But that doesn’t mean you have to keep giving them leverage.

If they hurt the company’s performance, they should leave immediately.

4. Dismiss Them Right Away:

If you’ve tried everything and the employee still hasn’t improved, you can dismiss them without notice.

This is the most direct way of firing an employee, as they are given no warning and no chance to improve.

But, do this only if the employee is not meeting the standards set during their probation.

dismiss without notice

If you’re unsure whether to dismiss them without notice, you can always consult with HR.

The employee might not take the news well. But it is better than continuing to employ someone who isn’t meeting your standards.

6 Things To Remember Firing An Employee Within Probation Period

When you’re firing an employee who is still on their probation , there are a few things to keep in mind:

1. Document All Warnings:

Make sure to document all warnings, both verbal and written. This will help you if the employee decides to file a lawsuit against you.

With the documents, you can easily present them to HR or the lawyer.

And it will help to prove that you gave them ample opportunity to improve their performance. But the employee was not able to do so.

2. Get A Witness:

When you’re giving a warning, always have a witness present.

This can be another manager or supervisor. This witness can help back up your story if the employee decides to take legal action against you.

A witness can be your source of strength in the situation. Usually, employees try to act out in anger or frustration when they are getting fired.

So, it is always better to have a second person present in the room.

3. Be Professional To Fire An Employee Within Probation Period:

When you’re firing an employee, always be professional. This can be a difficult conversation, but it’s essential to remain calm and collected.

This will help to avoid any legal trouble down the road. Avoid being emotional or making any personal attacks.

State the facts and be as professional as possible. It will help you in the long run.

4. Follow Company Policy:

When you’re firing an employee, make sure to follow your company’s policy.

This will help protect you from any legal action the employee might take.

Each company has different approaches, so make sure to check with HR before taking any action. Make sure you’re familiar with the policy, so no surprises.

5. Follow The Terms Of Their Employment Contract:

When an employee is within their probation, they are bound by the terms of their contract.

This means that if their agreement states that you can dismiss without notice, you can do so.

contract

However, if their contract says that they must be given information, you must follow that.

It’s always a good idea to check with an HR representative before taking any action.

6. Get A Lawyer To Fire An Employee Within Probation Period:

If you’re unsure about how to proceed, it’s always a good idea to consult with a lawyer.

This is the best way to protect yourself from any legal action the employee might take.

They can advise you on the best course of action and help to ensure that everything is done correctly.

Examples – Firing An Employee Within Probation Period

1. Verbal Warning:

“Hi, Katie,

I wanted to speak to you about your performance over your probationary period.

I’ve noticed that you’ve been coming in late and leaving early.

And you’ve been taking a lot of personal days. This is not the level of commitment we expect from our employees.

We have set some standards for your probationary period, and we hope you follow them.

Things might be challenging for you outside of work. But that’s no excuse for your poor performance.

I’m giving you a verbal warning. If your performance doesn’t improve, we’ll have to take further action.

Do you have any questions?”

Another example can be:

“Hi, Sarah,

I wanted to speak to you about your performance. I’ve noticed that you’ve been missing a lot of deadlines. And your work has been sloppy.

This is not the level of quality we expect from our employees.

As we discussed when we gave you notice, we have set some standards for your probationary period. And we hope you follow them.

I’m giving you a verbal warning. If your performance still doesn’t improve, we are afraid we will have to think of taking a serious action.”

2. Written Warning:

“Ms. Katie,

It is to state that you are being given a written warning for your poor performance at work.

As you know, you are still in your probationary period. And you must meet the standards set by the company.

Your recent behavior, such as:

– Coming in late

– Leaving early

– Taking personal days, and

– Not meeting deadlines, is not up to our standards.

We have given you a verbal warning, but your behavior has not improved. So, we are giving you written notice.

If your behavior does not improve, we will have to take further action. Please sign and date this letter to acknowledge that you’ve received it.”

professional

“Mr. Chris,

It is to state that you are being given a written warning for your unprofessional behavior at work.

As you know, you are still in your probationary period. And you must meet the standards set by the company.

Your recent behavior, such as:

-Missing deadlines

-Sloppy work, and

-Not meeting expectations, is not up to our standards.

Last time we gave you a verbal warning, but your behavior has not improved. So, we are giving you written notice.

If your behavior does not improve, we will have to take further action. Please sign and date this letter to acknowledge that you’ve received it.”

3. Conversation Of Dismissal:

“Hi, Katie,

I wanted to speak to you about your performance over the past few weeks.

Unfortunately, your performance has not improved since we spoke last. It’s gotten worse.

I’m sorry to say that we will have to let you go. We will be terminating your employment effective immediately.

I understand this is difficult to hear, but we have no other choice. We wish you the best in your future endeavors.”

“Hi, Chris,

I am afraid we don’t have good news for you. Your performance review shows that your work is still not up to the company’s standards.

We have decided to terminate your employment, effective immediately.

I know this is hard to hear, but there is nothing more we can do. All the best in your future endeavors.”

4. Documentation Of Dismissal:

“Dear Katie,

With great regret, we must inform you of your termination from employment with our company, effective immediately.

Your probationary period has ended. Unfortunately, you have not met the standards we set for you.

We have given you multiple warnings, but your performance has not improved.

We have no other choice but to let you go. We wish you the best in your future endeavors.”

Conclusion:

To fire an employee within a probationary period, follow the steps below:

1. Check your company’s policy on firing probationary employees.

2. Follow the terms of their employment contract.

3. Get a lawyer to advise you on the best course of action.

4. Give the employee a verbal warning.

5. Give the employee a written warning.

6. Have a conversation with the employee about their dismissal.

7. Documentation of dismissal

We hope you get to the best way to fire an employee within the probationary period.

Last Updated on 3 months by Shahzaib Arshad

Aleena

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