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Wrongful Termination · California & New York

Wrongful Termination During Probation Attorney

Dealing with a wrongful termination during probation issue? Our California & New York employment attorneys can help you get the compensation you deserve.

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Common Wrongful Termination During Probation Scenarios

You were fired during probation for a discriminatory reason such as race, gender, or disability
Your employer terminated your probation after you reported workplace safety violations
You were let go during probation after requesting a reasonable accommodation for a disability
Probationary termination occurred shortly after you disclosed a pregnancy
Your employer fired you during probation in retaliation for filing a harassment complaint

What You Can Recover in a Wrongful Termination During Probation Case

If you have experienced wrongful termination during probation, California and New York law give wrongful termination victims real remedies. Depending on the facts of your case, you may be entitled to:

  • Back pay and lost wages caused by the wrongful termination during probation
  • Compensatory damages for the emotional distress it caused you
  • Punitive damages where the employer's conduct was egregious
  • Attorney's fees and litigation costs — most employment statutes shift these to the employer when you win

Wrongful Termination During Probation FAQ

Do probationary employees have legal protections?

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.

Can my employer fire me during probation without reason?

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.

What evidence helps prove wrongful termination during probation?

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.

Should I still pursue a claim if I was only employed for a short time?

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.

Other Wrongful Termination Claims We Handle

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