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Aug10

Termination prior to 90 Days of Employment

We are a small not-for-profit in Michigan with less than 20 employees. We believe we need to terminate a new employee who has been with us less than 90 days. We are an “at-will” employer and that is clearly stated in our employee handbook and signed off on by each new employee. We do not have a “trial period” for new employees. Is there any reason we could not terminate before the 90 days with or without cause? Thank you.

Michigan is an at-will employment state and you, as you mention, have a clear at-will employment policy. So, you’re able to terminate the employment relationship at any time with or without cause. Of course, the employee cannot be terminated for engaging in protected activity, for failing or refusing to violate the law during the course of employment, or for discriminatory reasons.

Probation periods, usually 90 days, are not required but are often used by employers to closely monitor a newly hired employee’s performance and then evaluate such performance at the end of the probation period. If you have a 90 day probation period for new hires, make sure the policy doesn’t guarantee, even through implication, that an employee won’t be terminated until the end of the probation period.

Lastly, as you probably know, under Michigan law employees must receive all due wages on the regularly scheduled payday for the period in which the termination occurs.

HTH!

This entry was posted on Thursday, August 10th, 2017 at 2:56 pm and is filed under
Termination.
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