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Using term "Probation" and "Contract Employee"

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milehigh07

Junior Member
What is the name of your state? CO
Why would a company use the terms "Probation" or "Probationary Employees" in their handbook when they are an "At-will" employer?

If the term "Contract Employee" is also used under "Employment Classifications", can't a "Contract Employee" come back and say that they are a regular employee and not just a "Contracted Laborer"?
 


Beth3

Senior Member
Why would a company use the terms "Probation" or "Probationary Employees" in their handbook when they are an "At-will" employer? Because some employers wish to make it very clear that newly hired employees are on a "try out" period and can be dismissed without the employer going through their customary progressive disciplinary practices. Probationary employees are often also not eligible for certain employer-provided benefits.

If the term "Contract Employee" is also used under "Employment Classifications", can't a "Contract Employee" come back and say that they are a regular employee and not just a "Contracted Laborer"? Sure - which is why if an employer hires a contract employee, the employer should make it very clear in the written job offer what the conditions are that the employee is being hired under. FYI, there is no universal defintion of what constitutes a contract employee. The employer needs to define that and if the individual is being hired as an independent contractor, the employer needs to make certain that all the legal standards for that status are met BEFORE they hire the individual.
 

pattytx

Senior Member
Having said that though (and I wouldn't presume to disagree with Beth), "probation" seems to imply that once you've complete "probation" you get some type of job security under law or company policy. Unless there is a union contract, that just isn't legally required. Many companies have started using the phrase "waiting period" to indicate a period of employment before which benefits can kick in.

And the phrase "contract employee" can be construed to be contradictory. I hate that phrase. The person is either an employee or an independent contractor. And the person is either working under a contract (employment, union, or personal services) or not.
 

milehigh07

Junior Member
Thank you both for the feedback. I like the term "waiting period". I think that "probation" is an out dated term and can mislead employees.
 

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