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Probation period ended and they fired me for probationary reasons Minnesota

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  • Probation period ended and they fired me for probationary reasons Minnesota

    I was pushed out of a position so my boss could give my job to one of her daughters friends. That is what actually happened. However what is on paper is that I was still on probation and I failed to meet preformance expectations. My probationary period ended a month before they fired me. Can they legally fire me for this (this is in MN)?
    They also did not pay me within 24 hours. I had to wait two weeks, and stll have not seen the check stub (the money was direct deposited).

  • #2
    It was legal to fire you even if they stated they were giving your job to a family friend.

    Was the money paid on the next paycheck run?
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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    • #3
      You could, I suppose, file a claim with the MN DOL since you didn't get the paycheck immediately, but your claim will be a very low priority since you did get paid and I'm not sure what benefit you would receive. Claims of people who are still waiting for pay or who were paid in incorrect amount will take precedence over someone who was paid, but was paid late.
      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.

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      • #4
        I dd recieve the money on the next pay period, but have not recieved the pay stub. So I really don't know if I got everything I was entiteled to. I sent an email to my boss 2 days ago telling her I did not recieved it, no response.

        I know MN is a work at will state, and you can be terminated for any reason. But isn't their something about putting employees on a "probation period" as kind of a "promise for work" if they make it past this? I was already a month past my probation date.

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        • #5
          No, there is nothing in the law of any state except Montana which gives you greater protection after you complete a probationary period.
          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.

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          • #6
            Originally posted by lilpeanut0 View Post
            I know MN is a work at will state, and you can be terminated for any reason. But isn't their something about putting employees on a "probation period" as kind of a "promise for work" if they make it past this? I was already a month past my probation date.
            Nope, no such "promise for work." Just because you make it past the probationary period doesn't mean you can't be terminated at any time for any reason that is not protected by law. Actually, you could be terminated the day after your probationary period is over.

            The reason they terminated you was not an illegal one.
            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

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            • #7
              Actually, the reason many companies no longer use the term "probationary period" any more is because it sets up the expectation you mentioned. That if an employee makes it thru the probation period, there are expectations that they become a "permanent employee" with more protection from termination. That is not true.
              Last edited by Morgana; 11-27-2007, 04:20 AM.
              I find that the harder I work, the more luck I seem to have.
              Thomas Jefferson

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              • #8
                Originally posted by Morgana View Post
                Actually, the reason many companies no longer use the term "probationary period" any more is because it sets up the expectation your mentioned. That if an employee makes it thru the probation period, there are expectations that they become a "permanent employee" with more protection from termination. That is not true.
                Good point, Morgana. Often, what's been called a "probationary" period is no more than a waiting period before benefits become available.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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