Job Difficulties

[tinytherese]

So I applied to some minimum wage jobs and had an interview 3 weeks ago. During the interview, I was given the job right then and there, but it was weird because I wasn't asked if I even wanted the job or not. I was just put right in and told that orientation day would be 3 days later. In the meantime, I was given a bunch of forms to fill out which were due the day of orientation. 

 

At orientation, we were told that those in my position wouldn't work earlier than 5:00 p.m., which didn't make sense because the job advertisement said that it was a part-time position that would either be from 7-11 a.m. or 11-3 p.m. five days a week. Also at this orientation, we had to hand in all of those forms which included the Employee Handbook, which said that we were required to be stay with them for 90 days for a probationary period. Afterwards, we'd be official employees.

 

One of the reasons that I applied to the job was because I'd be working in the day like they advertised, so I'm not happy with the hours. Also, certain aspects about the job made me uneasy. I've been doing on the job training for a while and honestly think that I can't handle doing the work.

 

My mom, who is a lawyer, says that I have to stay with them for the entire 90 day period because that's what the Employee Handbook said is their policy and that I signed the sheet which said that I had read the handbook. I talked with my therapist about my worries and she says that she's never heard of such a policy. She thinks that I can just quit now instead of after the 90 days. She says that the 90 days is supposed to be the required time that they're giving me before it becomes official instead of saying that I have to be there for that amount of time.

[homeschoolmom]

I think your therapist is right.

[eagle_eye222001]

Yeah, I'm pretty sure that 90 days thing is the company's time to decide if they like you or not and if they don't, they can fire you without repercussion.  The other way doesn't make sense.

 

If you decide to quit, you really should give the company a two week notice though just to be on the safe side....although since this is so early in the job, they will probably just say don't worry about coming in anymore.

[Brother Adam]

You are an at will employee, you can quit at any time for any reason or no reason. I am surprised that your mom would say otherwise.

[HisChildForever]

New employees where I work are on a 6 month "probationary" period. It really doesn't mean anything except I got reviewed around the 6 month mark.

 

Oh and, to add, after the 6 month mark the full-time employees are permitted to use vacation days. For part-timers like myself, I wasn't supposed to go on vacation before then either, but I basically would just look for coverage and it wasn't an issue at all.

Edited April 2, 2013 by HisChildForever

[Maggyie]

never heard of such a policy either. Could it be your mom is trying to encourage you to stick it out and keep the job?

[Anastasia13]

Probationary is a trial period to see if you work out, as far as I know.

 

Did you sign that you would be there the 90 days or that you understand that the first 90 days that you are there are probationary?  If this is a legal thing, one thing to consider is whether or not this is a valid contract. I'm sure there is a website with a list of what needs to be involved in a contract for it to be a valid contract.  Did you know about the hours before you signed? If this was a valid contract, impossibility and breach by the other party should excuse you from having to fulfill it without you owing some obligation to remedy it.

Edited April 2, 2013 by Light and Truth

[Nihil Obstat]

A reputable business, simply as a matter of course, and often because of legal requirements, will usually have a probationary period during which you can leave at any time, without any prior notice (and you can be let go at any time without notice as well). L&T is right that you need to check if you are bound by some kind of contract to a 90 day period. Sounds sketchy to me, but you never know.

 

That said, I found a little write-up I have here which describes the elements of a valid contract. The one on my hard drive is geared towards the Canadian legal system, but the differences are fairly minor. I can send you that as well if you would like, because it is very detailed, while this link is more of a general overview.

 

http://www.lawteacher.net/contract-law/essays/main-elements-constituting-a-valid-contract-contract-law-essay.php

 

Basically a contract requires:

An offer,

Acceptance,

Consideration,

Intention,

Certainty,

And capacity.

 

It sounds like there is some kind of discrepancy between what you were offered, and what you were told at orientation. The key right now is to look at what documents you signed, and see what they specify. Because the documents are what will contain all the potentially legally binding information. If you signed something saying that you accept those different hours, then that is about all there is to it. Although if what you signed does not constitute a valid contract, then you are not necessarily bound to whatever is in it.

Edited April 2, 2013 by Nihil Obstat

[she_who_is_not]

Does it explicitly state anywhere that the employee handbook is or is not a binding contract? Usually, provisions within a handbook are severable  as contracts meaning that some parts will be a binding contractual promise and others won't.   I don't see how the probationary period could be considered a contract, unless you accepted compensation in advance, in which case you can still breach the contract, but would require you to reimburse the employer.  What state are you in?

[tinytherese]

I'm in Iowa and I wasn't sure what the hours would be when I had the interview. I was asked how many hours I wanted to work, but wasn't clear on when these hours would take place. I felt as if I wasn't even offered the job, but just automatically put into it without a choice. As I was filling out the forms before orientation, some of them confused me because they needed a witness to sign them, yet the man who did the hiring told me that he would sign them. I asked my mom for help and she was confused to, because how could someone witness something that they hadn't seen?

 

I called in to ask him and he said that we just needed to sign them now and he would sign the witness parts afterwards. I would have liked it if orientation was longer than the 3 hours we were given and even then it was rushed. We watched films on safety and afterwards were given the answers to quizes that we were supposed to be taking as we were watching the films. I found the sequence of the questions to be very scattered most of the time in relation to the order of the film which made the quizes on our own hard to do. The films also weren't always clear about answering our questions. We were just given the answers right after viewing and then immediately turned them in without going over them.

 

These are quotes from the Employee Handbook. For privacy sake, I'll refer to the company as "X."

 

"NEW EMPLOYEE ORIENTATION PERIOD

 

New employees at X will have up to 90 days to familiarize themselves with the job. This is a time for us to evaluate your work. During this time, you will want to demonstrate your ability and desire to become a regular employee. At any time during this time period of new employee orientation, we can decide you will not be retained as part of our regular workforce. If that is our decision, you will be informed immediately. You may also decide this is not the right position for you.

 

During this time, employees are expected to learn every aspect of the job. Those fulfilling this expectation are eligible to be considered Regular employees, and become eligible for the benefits reserved for regular employees. On occasion, additional time is offered if the job is unusually complex. The decision to extend time needed to learn the job would require the approval of your Superviser, and agreement from the District Manager."

 

 

"SEPARATION AND RE-HIRE

 

Should you elect to resign from X, we request that you offer a two-week notice in writing. Your final paycheck will be ready for you at the next regular payday. Be sure you have returned all Company property in your possession, such as files, uniforms, equipment, cell phones and keys (or pass cards).

 

There may be an opportunity for re-hire at X at a later time, if your separation was voluntary and occurred with the required notice. It is important for you to establish a good work record while you are here. It will be valuable to you in a re-hire decision, and as a reference to other employeers. Those who apply for re-hire will be given consideration equal to other applicants.

 

Termination of employment is treated in a confidential, professional manner by all concerned. The management of X must ensure thorough, consistent and even-handed termination procedures. This policy, and its administration, will be implemented in accordance with our equal opportunity statement.

 

Since an employee may elect to separate employment with X at any time, X may terminate the employment of any employee at-will. No promises, or guarantees, of permanent or specific term employment will be made to an employee of X by anyone, except by the X President. Neither will such promises or guantees, if made, ever be adhered to by X, or enforced by an employee. Any employment agreement between X, and any specific employee, will be in writing and approved by the President to be considered valid."

 

So, from what I see, I don't get why mom gave me the advice she did. Unless she just really wanted me to be employed or she misunderstood the handbook.

[Nihil Obstat]

While it is not explicitly stated, the probationary period during which you can be let go at any time without notice also implies that you can resign at any time without notice. It seems likely (and it is standard practice) that it is only after this probationary period that two week notice would be actually required for your resignation. Although it may be appreciated regardless. That part is a judgement call.

[AnneLine]

Yes, that is standard language.  What it means is exactly what the others have said. 

 

You can be let go at any time during the probationary period.  

 

You don't have as many rights until that period is over.

 

Sometimes you don't get benefits until that period is over, and may not be able to take vacation or sick leave even if you earn it.

 

They don't have to give you any warning if they decide to let you go.   If they let you go, they have to have your check ready when you leave (I believe). 

 

'Employment at will' really means ANYONE can be let go at ANY TIME with NO NOTICE even after probation is passed.   If you belong to a union, you might have more rights, but it really is a big surprise to most people that we really are 'employed at will' in most states.

 

YOU can also leave. (of course, because slavery is illegal!)   That is the 'voluntary separation' versus an 'involuntary separation'--(INvoluntary separations are being fired, layed-off or not passing probation)-- they tell you to go. 

 

 If you want to 'voluntarily separate' you always can do that, but they are asking for 2 weeks notice if you leave.  If you leave with 2 weeks noticce, you MAY be able to be hired at some point in the future (the hint is that while you CAN quit without notice, you would NOT be eligible to be considered for a future hire if you do that).  If you just walk off with no notice or less than 2 weeks notice, they will note that in your file, and they might tell a future employer who asks about you that you did that. They also say that if you quit (voluntarily separate), they will have your check ready for you at the next regular pay period.

 

If you ever have questions about something like this, the people to talk to are your local Labor Commissioner.  Not sure if it is a city or county thing, or even a state thing, but they are the people who will know what your rights and responsibilities are.  AND... if the employer ever plays games with you, sometimes they can help you get a fine levied against them.

 

Your local state employment office may also have some information for you on what is done in Iowa.   I know when I worked for the California employment office, we would immediately refer people with questions to the Labor Commissioner... had the number handy and gave it out nearly every day......

 

One other thing... sometimes employers will do other things that can seem kinda odd as part of hiring practices.  I worked one place where we were required to be 'live scanned' (criminal background checked) as part of the hiring process.  They told us that their policy was that THEY paid for the scanning, but if we left within one month, we had to reimburse them for the scan.   But that really was a nice thing they did for us... becuase it would have cost us $100 or more to get the scan done.  So.... they were offering us a benefit in paying for it, but we had to stay a while to get it.   They weren't required to pay for it, so it did make sense that if we left, we needed to repay them.   But I doubt anything like that was going on here....

 

 

Edited April 2, 2013 by AnneLine

[let_go_let_God]

These are quotes from the Employee Handbook. For privacy sake, I'll refer to the company as "X."

 

"NEW EMPLOYEE ORIENTATION PERIOD

 

New employees at X will have up to 90 days to familiarize themselves with the job. This is a time for us to evaluate your work. During this time, you will want to demonstrate your ability and desire to become a regular employee. At any time during this time period of new employee orientation, we can decide you will not be retained as part of our regular workforce. If that is our decision, you will be informed immediately. You may also decide this is not the right position for you.

 

During this time, employees are expected to learn every aspect of the job. Those fulfilling this expectation are eligible to be considered Regular employees, and become eligible for the benefits reserved for regular employees. On occasion, additional time is offered if the job is unusually complex. The decision to extend time needed to learn the job would require the approval of your Supervisor  and agreement from the District Manager."

 

 

"SEPARATION AND RE-HIRE

 

Should you elect to resign from X, we request that you offer a two-week notice in writing. Your final paycheck will be ready for you at the next regular payday. Be sure you have returned all Company property in your possession, such as files, uniforms, equipment, cell phones and keys (or pass cards).

 

There may be an opportunity for re-hire at X at a later time, if your separation was voluntary and occurred with the required notice. It is important for you to establish a good work record while you are here. It will be valuable to you in a re-hire decision, and as a reference to other employers. Those who apply for re-hire will be given consideration equal to other applicants.

 

Termination of employment is treated in a confidential, professional manner by all concerned. The management of X must ensure thorough, consistent and even-handed termination procedures. This policy, and its administration, will be implemented in accordance with our equal opportunity statement.

 

Since an employee may elect to separate employment with X at any time, X may terminate the employment of any employee at-will. No promises, or guarantees, of permanent or specific term employment will be made to an employee of X by anyone, except by the X President. Neither will such promises or guarantees  if made, ever be adhered to by X, or enforced by an employee. Any employment agreement between X, and any specific employee, will be in writing and approved by the President to be considered valid."

 

I bolded a couple key areas.

 

1. It looks like you can give a 2 week notice at any time frame including your 90 day probationary period.

 

2. The date that you give your 2 week notice, have a letter in writing detailing why you are seeking to split with Company X.

 

3. On the date you give your 2 week notice have all company property in your possession ready to be turned in.

 

4. Be prepared that on the day you give your 2 week notice to be relieved of all official duties and released that day. 

 

In all yeah you can resign but be ready to turn everything in and be done that day.

 

God bless-

LGLG

[Sherri Riley]

I was on probationary periods everywhere I applied for a job and in most cases it turned out OK. Employer needs to "test" if you'll work out as already said above. What's upsetting about it is that some employers create an atmosphere differentiating new hires and long term employees, with the latter having a status of "more permanent". That smells of elderberries and often can lead to poor performance I believe. I worked with Evolutionwriters despite reviews but unfortunately they turned out to be true since their company culture..mm.. could be better.