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Employment terminated in 5-6 weeks after hiring

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  • Employment terminated in 5-6 weeks after hiring


    I was hired for a Software Engineer (Telecommute) position in Sept 2015.

    They interviewed me multiple times over phone and then said, they want to do a 2 week trial period before they hire me. I agreed to this wierd proposal and at the end of it, the hiring manager said, I met their expectations and they were willing to hire me.

    I start on a certain day and 5- 6 weeks from then, one fine morning they tell me 'Today is your last day', without mentioning any reason. I totally understand that this is an at-will agreement, but is it fair to do so? Isn't this breaking 'Covenant of good faith and fair dealing' ?


  • #2
    Did they pay you for the two week trial? If they did, I don't see anything illegal in the situation. If they didn't, you need to file a wage claim. Otherwise, if you have worked enough (even if for a prior employer), you should be able to file for unemployment.

    Many employers have a 90 day trial/probationary period and as you stated fall under at will laws unless you have a specific contract/agreement. It would have been fairer/nicer for them to give you a reason, but being nice/fair isn't required under the law.


    • #3
      In what state was this?
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


      • #4
        Originally posted by cbg View Post
        In what state was this?


        • #5
          I don't see anything illegal, based on what you posted, as long as you were paid for all time worked. You don't need to be given a reason for your termination. In Ca. they only need to furnish you with a notice of change in employee relationship form for unemployment ins. purposes.

          Unfair doesn't always equal illegal.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


          • #6
            This has nothing to do with the "covenant of good faith and fair dealing", which only a handful of states recognize anyway. This was just a short term hire for some reason. Unless you sign a contract for a set period of time, you are nor guaranteed any duration of employment.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


            • #7
              Agreed. It happens all the time. Were you paid for the "2 week trial period?" If not, that may have been illegal. Other than that, everything else they have done if perfectly legal. Sometimes things just don't work out. It's not necessarily even your fault-something about their business needs may have changed and they no longer needed you.