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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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can you give an employee a evaluation period before hiring

Resolved Question:

can you give an employee a evaluation period before hiring them?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  NonEstateEsq replied 2 years ago.
Hello and thank you for using the JA website. Please remember that this site is intended to provide general legal information only.

What do you mean by giving them an evaluation period?
Customer: replied 2 years ago.
A trial period to see if the employee is a good fit. This is in the state of California.
Expert:  NonEstateEsq replied 2 years ago.
Since this site has a separate category for CA employment law questions, I am required to opt out and transfer it to that category,
Customer: replied 2 years ago.
Thanks. Will someone else be assigned to my question?

Thanks,
theod
Expert:  LawTalk replied 2 years ago.
Good evening,

I'm sorry to hear of the situation. I am a CA licensed attorney and have handled employment law issues for about 3 decades.

I presume that you are speaking of what is commonly referred to as a Probationary Period. Many CA companies have such a program and require that new employees complete a "probationary period" before becoming a "regular" full or part-time employee. The period is often 90 days, but there is nothing under the law which sets 90 days as the maximum time that an employee may be on probation as a new employee.

If at any time during the probationary period the employer believes that the employee is not a good fit, they may terminate them for any reason other than one related to the employee's race, color, gender, ethnic or national origin, age, religion, disability, marital status, sexual orientation, gender identity, or other personal characteristic protected by law.

I hope you found my answer informative.

I wish you the best in 2012.

Doug
Customer: replied 2 years ago.
Thanks for your reply. I assume even under this probationary period they are entitled to unemployment?

Thanks
Expert:  LawTalk replied 2 years ago.
Good evening,

Yes, even employees working in probationary periods have unemployment benefits paid on their behalf, and so long as they are not terminated for good cause, they will qualify for unemployment benefits from EDD.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug
LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you

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