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Florida 90 Day Probationary Period

Hi – Is this policy automatic in the state of Florida or must a document be signed by the new hire to verify that the first 90 days is a probationary period?

Probationary periods are not a matter of employment law, they are a matter of company policy. You, as an employer, can impose a mandatory 90-day probationary period on each newly hired employee. Usually this provision is in the employee handbook, which the employee signs upon being hired. However, there is no legal requirement for the employee to sign off on this policy. Like many workplace policies, the employer can unilaterally impose it without the employees permission.

Probationary periods are falling out of favor. Years ago, if the employee was terminated within 90 days usually he or she did not qualify for unemployment benefits. The main purpose of the probationary period was to rid the company of unsatisfactory new hires during that period. However, in many states the unemployment laws are now more complex. And in Florida, an employer can fire any worker at any time with or without a reason, so the probationary period is a little redundant.

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This entry was posted on Friday, August 21st, 2009 at 11:25 am and is filed under
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One Response to “Florida 90 Day Probationary Period”

  1. Scott Hudson Says:

    Florida is unique in that an employers Unemployment Compensation account will not be charged if an employee is terminated for unsatisfactory performance in an established 90-day probationary period. Since the employee must be notified of the probationary period, written notice is important in Florida.

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