Probationary Period Clause

What This Clause Does

A probationary period is a defined window — typically 30 to 90 days — during which you're being formally evaluated. Some companies use this as a formality; others use it to apply different rules, such as shorter notice periods, no severance eligibility, or delayed benefits enrollment.

Check what actually changes during the probationary period. If nothing material changes, it's mostly administrative. If benefits don't kick in until you pass probation, or you can be terminated with no notice, that's worth knowing upfront.

What This Looks Like in a Contract

"Employee's first [60/90] days of employment shall constitute a probationary period. During this period, either party may terminate employment with [24/48 hours] notice. Upon successful completion, Employee becomes a regular employee subject to the terms of this Agreement."

Red Flags to Watch For

• Probationary period exceeds 90 days
• Benefits don't begin until after probation ends
• Performance criteria for passing probation are vague or entirely at employer's discretion
• Probation can be extended indefinitely at employer's discretion

Negotiation Strategies