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90-Day Trial Issues For Employers

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Any employer with 19 or fewer employees is entitled to employ a new employee with a 90-day trial provision in their Employment Agreement.  The purpose of the 90-day trial provision is to ensure that the new employee is the right fit for the company and vice versa, and should it not work out, that there is no risk or the employee raising a personal grievance, unless it relates to a reason other than exercising the 90-day provision, such as bullying or harassment.

Despite this being a relatively straightforward sounding clause that can be exercised, inappropriate or incorrect application can render it invalid and could result in an expensive personal grievance process.  Ensuring to take correct and timely advice on 90-day trial clauses and probationary periods is important – call us for a no-obligation discussion to see how we can help.

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