There is a legal distinction between 90-Day Trial Periods and Probationary Periods – they are not the same. Employers must understand the distinction between each before using a 90-Day Trial Period, or a Probationary Period. Refer to Employer Pro’s separate employer-focused resources for more information about trial periods.

A fair and documented employment process is required to terminate employment under a Probationary Period. Employer decisions in terms of ending an employee’s employment under a Probationary Period are more easily challenged via a personal grievance claim for unjustified dismissal. This is because a Probationary Period does not preclude this type of legal claim like a 90-Day Trial Period does.

Accordingly, an employer must ensure a formal employment process is implemented prior to terminating an employee’s employment under a Probationary Period – unlike a 90-Day Trial Period, which does not require a formal process prior to ending employment.

Employer Pro has an Employer Toolkit available for on ‘Probationary Periods’, including more detailed information about Probationary Periods, including a comprehensive employer-focused eBook about managing ’90-Day Trial and Probationary Periods’.