Wrongful Termination During Probation Attorney

Yes. While probationary periods may limit certain contractual protections, all federal and state anti-discrimination and anti-retaliation laws still apply. In California, FEHA protections apply from day one. In New York, the Human Rights Law protects employees regardless of probationary status. Employers cannot use probation as a pretext for illegal discrimination.

Generally, employers have broader discretion during probation, but they still cannot fire you for illegal reasons. A termination during probation is unlawful if it was motivated by discrimination, retaliation for protected activity, or violation of public policy. The shorter employment period can make proving pretext more challenging but not impossible.

Strong evidence includes: discriminatory comments by supervisors, suspicious timing (e.g., fired right after disclosing a protected characteristic), evidence that the stated reason was pretextual, comparator evidence showing non-protected employees passed probation under similar circumstances, and any documentation of positive feedback before the adverse action.

Yes. While shorter employment may reduce the amount of back pay recoverable, you can still recover emotional distress damages, punitive damages, and attorneys' fees. In California, successful FEHA plaintiffs can also recover front pay. The principle of holding employers accountable applies regardless of tenure length.