Early termination during probation period

[MB123]

What is the name of your state? TX

Hi,

I did a search and I couldn't see a similar case --

I accepted a job position as a C programmer that had a 1 month probation period before becoming full time.

I was told today after only 2 weeks that I did not have the skills for the job and I was paid for the 2 weeks and escorted out of the building.

Do I have a case to receive the other 2 weeks of pay (about $3000) as a contract employee even though I am not going to work those 2 weeks? During those 2 weeks I worked, the first week was spent getting my laptop setup and I really only programmed a little for the last few days.

There was no contract other than just some brief bullet points in the offer letter:

"The terms of the one month of contract will be:

• Independent contractor
• Reporting to the CTO
• Rate of $6,100 for 1 month
• You will invoice us every 2 weeks
• No company benefits, all taxes will be your responsibility

If we mutually agree after the first month, you will be offered full time employment with the following terms:"



Thanks for your help!

 

[Attorney Answer]

What is the name of your state? TX

Hi,

I did a search and I couldn't see a similar case --

I accepted a job position as a C programmer that had a 1 month probation period before becoming full time.

I was told today after only 2 weeks that I did not have the skills for the job and I was paid for the 2 weeks and escorted out of the building.

Do I have a case to receive the other 2 weeks of pay (about $3000) as a contract employee even though I am not going to work those 2 weeks? During those 2 weeks I worked, the first week was spent getting my laptop setup and I really only programmed a little for the last few days.

There was no contract other than just some brief bullet points in the offer letter:

"The terms of the one month of contract will be:

• Independent contractor
• Reporting to the CTO
• Rate of $6,100 for 1 month
• You will invoice us every 2 weeks
• No company benefits, all taxes will be your responsibility

If we mutually agree after the first month, you will be offered full time employment with the following terms:"

Thanks for your help!

No. Texas is an "at-will" employment State. The contract (if you want to call it that) was strictly for your probationary period. There's nothing that States they couldn't fire you DURING that time. You are not owed anything further.

 

[mlane58]

There was no contract other than just some brief bullet points in the offer letter:

You answered your post---since there was not a bona fide contract in place and just an offer letter, you are an at will employee and the employer can terminate your employment for any reason as long as that reason does not involve your race, religon, gender, age or national origin.

Do I have a case to receive the other 2 weeks of pay (about $3000) as a contract employee even though I am not going to work those 2 weeks?

No, the employer is under no obligation legally to pay the other two weeks.

 

[cbg]

Unless you have a binding contract that specifically says you will be paid for the entire probation period regardless, they only have to pay you for the time you actually worked.

 

[mlane58]

Death to the Broncos by the hands of the Patriots!!!!!!!!!!!!

 

[cbg]

I don't do football, but I'll mention it to my husband.

 

[MB123]

Death to the Broncos by the hands of the Patriots!!!!!!!!!!!!

Thanks for the info everyone! I won't try to pursue it any further. I really didn't have the skills for the job that they asked for anyway, but I tried...

Sorry about your Patriots, mlane58! Go Broncos!

 

[MB123]

Thanks for the info everyone! I won't try to pursue it any further. I really didn't have the skills for the job that they asked for anyway, but I tried...

Sorry about your Patriots, mlane58! Go Broncos!

Broncos suck. Patriots suck too. Go whoever is winning!

 

[mlane58]

Broncos suck. Patriots suck too. Go whoever is winning!

Now that just pisses me off!

 

[ENASNI]

Now that just pisses me off!

Calm down now.


Go CHARGERS!


some day... *sigh*