Probationary employee: Must trial period be reasonable?

Larry Benson was unhappy at his job as an apprentice mechanic and started answering want ads. He clicked on his third interview and was hired by an automotive parts manufacturing company as a probationary employee subject to a 30-day trial period.

07/01/1999


Larry Benson was unhappy at his job as an apprentice mechanic and started answering want ads. He clicked on his third interview and was hired by an automotive parts manufacturing company as a probationary employee subject to a 30-day trial period. Benson quit his job and reported to work the following week.

He lasted 2 1/2 days.

"What about my probationary period?" he protested. "I'm entitled to a fair chance to prove I can handle the job."

"Under the circumstances," Maintenance Foreman Chuck Carlson replied, "your trial period was more than fair. In fact, it was 1 1/2 days too long."

"How do you figure that?"

Carlson pulled Benson's employment application from a drawer. "It states here that you have experience reading blueprints and diagrams, and that you're familiar with testing sprinkler systems and checking gauges. We both know you have no such experience."

Benson lowered his eyes. "Okay, maybe I exaggerated a little, but I'm still entitled to a chance to prove myself. I quit another job on that basis. I'm a fast learner; I'd have no problem picking up that stuff. I was promised a 30-day probationary period."

"I'm sorry. That's the chance you take when you falsify your qualifications."

"We'll see about that," Benson threatened.

Question: If Benson decides to sue, would he have a case against the company?

Sullivan's verdict: "A probationary employee has no claim on seniority rights," Plant Engineer Mike Sullivan told Carlson. "There have been cases that were decided in the employee's favor where dismissal was considered to be discriminatory, capricious, or otherwise unfair. But such exceptions certainly couldn't apply where the applicant clearly misrepresents himself. The dismissal stands."





No comments
The Engineers' Choice Awards highlight some of the best new control, instrumentation and automation products as chosen by...
The System Integrator Giants program lists the top 100 system integrators among companies listed in CFE Media's Global System Integrator Database.
The Engineering Leaders Under 40 program identifies and gives recognition to young engineers who...
This eGuide illustrates solutions, applications and benefits of machine vision systems.
Learn how to increase device reliability in harsh environments and decrease unplanned system downtime.
This eGuide contains a series of articles and videos that considers theoretical and practical; immediate needs and a look into the future.
Big Data and IIoT value; Monitoring Big Data; Robotics safety standards and programming; Learning about PID
Motor specification guidelines; Understanding multivariable control; Improving a safety instrumented system; 2017 Engineers' Choice Award Winners
Selecting the best controller from several viewpoints; System integrator advice for the IIoT; TSN and real-time Ethernet; Questions to ask when selecting a VFD; Action items for an aging PLC/DCS
This digital report will explore several aspects of how IIoT will transform manufacturing in the coming years.
Motion control advances and solutions can help with machine control, automated control on assembly lines, integration of robotics and automation, and machine safety.
This article collection contains several articles on the Industrial Internet of Things (IIoT) and how it is transforming manufacturing.

Find and connect with the most suitable service provider for your unique application. Start searching the Global System Integrator Database Now!

Future of oil and gas projects; Reservoir models; The importance of SCADA to oil and gas
Big Data and bigger solutions; Tablet technologies; SCADA developments
SCADA at the junction, Managing risk through maintenance, Moving at the speed of data
Automation Engineer; Wood Group
System Integrator; Cross Integrated Systems Group
Jose S. Vasquez, Jr.
Fire & Life Safety Engineer; Technip USA Inc.
click me