Can you be let go from your job before your 90 day probation if you’ve done nothing wrong?

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Can you be let go from your job before your 90 day probation if you’ve done nothing wrong?

I was working at a collections agency for 3 weeks. One week classroom training. Two weeks on the job. We were told we were on a 90 day probation. An hour before my shift was over I was pulled to the side and told I was being let go because I wasn’t bringing in enough money. Probably because I wasn’t doing all the illegal things they were doing. I was told to clock out and leave quietly. No separation papers were signed or anything. If I did nothing wrong on the job, is it legal for me to be let go before my 90 day probation is over?

Asked on July 29, 2011 New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First of all, what were the terms of your probationary period? Read any application, employment contract, company handbook or other work related materials. If they were silent as to the matter of dismissal and there was no applicable union agreement or no form of discrimination involved, the common law as to "at will" employment will apply. Basically - an employer can set the terms of employment and can hire/fire as it deems fit. In other words, an employee can be fired for any reason or no reason at all; with or without notice.


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