Do I Have Rights If My Employer Keeps Extending My Probation Period?

Probation periods are a standard part of starting a new job, designed to let employers assess your skills and cultural fit. However, when this “trial phase” drags on with repeated extensions and vague explanations, it can leave you feeling insecure and wondering if your rights are being violated. At the Law Office of Mitchell A. Kline, we understand how frustrating it is to be in professional limbo. If your probation is being extended indefinitely without clear justification, or if you suspect the extension is a cover for discriminatory practices, we are here to help you understand your legal standing and fight for the stability you deserve.

Here’s what employees should know about probation periods and extensions:

• Purpose: Probation allows employers to assess new hires, usually lasting 1–6 months.
• Extensions: Employers can generally extend probation if outlined in the contract or handbook, often for performance reasons.
• Red Flags: Indefinite extensions without feedback may signal poor management or attempts to avoid providing benefits.
• Discrimination: Using probation extensions to target specific protected groups (e.g., based on race, gender, pregnancy) is illegal.
• Action: Document all communications and seek legal counsel if you suspect unfair treatment.

What is a probationary period in an employment setting?

A probationary period is a specific timeframe at the start of employment during which a new hire’s performance is closely monitored to determine if they are suitable for the role. These periods typically last between one to six months, though the exact duration often depends on the company policy or state regulations.

During this time, the employer evaluates whether you have the necessary skills and if you mesh well with the team. While these periods are standard, clear expectations should be set from day one. Employers should:

• Clearly state expectations and the duration of the period in the employee handbook.
• Provide frequent feedback (both positive and negative) so you can improve.
• Document everything related to your performance and the probation terms.

Can my employer keep extending my probation period?

Generally, yes, an employer can extend a probation period, provided they have a legitimate reason and are acting in accordance with the terms of your employment contract or the company handbook. Common reasons for legitimate extensions include:

• Performance Concerns: If you haven’t quite met the standards but show promise, an employer might give you more time to improve rather than terminating you immediately.
• Absences: If you missed significant time during the initial period (due to illness or leave), the employer might extend probation to get a full assessment of your work.
• Change in Role: If your duties shifted significantly during the trial period, they may need more time to evaluate your new responsibilities.

However, an employer cannot extend probation indefinitely or arbitrarily. If the extension violates the terms of a written contract or union agreement, you may have grounds for a legal dispute.

What if the extension is actually discrimination?

This is where the situation becomes legally actionable. While “at-will” employment allows employers to terminate or change terms for almost any reason, they cannot do so for an illegal reason. If your probation is extended while others in similar situations are granted permanent status, you need to look for signs of discrimination.

You should be concerned if your probation is extended shortly after:

• Revealing a Pregnancy: Pregnancy discrimination is a serious violation. If your performance was fine until you disclosed a pregnancy, and suddenly you are “not meeting expectations,” this is a major red flag.
• Requesting Accommodations: If you asked for reasonable accommodations for a disability and were met with a probation extension instead of support.
• Reporting Harassment: Retaliation for reporting sexual harassment or other workplace misconduct often takes the form of negative performance reviews or extended probation.

How can I protect myself if my probation is extended?

If you find yourself facing an unwanted extension, taking proactive steps can help protect your career and your legal rights.

• Ask for Written Clarification: Request a formal letter explaining exactly why the probation is being extended, how long the extension will last and what specific benchmarks you need to meet.
• Review Your Contract: Check your employment contract and the employee handbook. Does the company policy actually allow for extensions? Are there limits on how long probation can last?
• Document Everything: Keep a record of all performance reviews, emails regarding your work and any comments made by supervisors. If you suspect discrimination, note dates, times and witnesses to specific incidents.
• Seek Legal Counsel: If the reasoning feels vague, or if you believe the extension is discriminatory, consult with an employment lawyer immediately.

Secure Your Future with the Law Office of Mitchell A. Kline

An endless probation period isn’t just stressful; it can be a tactic to deny you the benefits and security of permanent employment. If you believe your employer is using probation extensions to mask discrimination or retaliation, you don’t have to navigate it alone. At the Law Office of Mitchell A. Kline, we can help you address the mistreatment you may be facing. Contact us today for a consultation.