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Litigating a New Employee's Probationary Period

Probationary, Period!

Personnel Specialist
Puget Sound Naval Shipyard
Wed Sep 8, 2004 8:29 AM

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If the law allowed, (And it may soon) all employees would be in a probationary status throughout their whole career. Our agency keeps apprentices probationary throughout their whole apprenticeship of four years! Anything can and will be abused as long as our legislators allow the laws to be so skewed against the employees. The thing I find odd is how the government can wonder why it is so hard to hire quality people! DUH!

Re: Probationary, Period!

Personnel Specialist
dhs
Wed Sep 8, 2004 9:37 AM
The thing I find odd is how a personnel specialist automatically decides the employer is wrong to insist on a probationary period while the employee is learning the work. For some occupations the learning curve is lengthy, the ability to put the knowledge to use correctly must be demonstrated before the employer becomes confident in the value of the employee.

Probationary Employees may have rights!

Workforce Relations Specialist
IRS
Wed Sep 8, 2004 9:13 AM

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Suggested reading: The MSPB has jurisdiction when an employee meets the definition of "employee" as provided by 5 USC 7511 (1)(a) or (c). If a competitive service employee [(1)(a)] is still serving a probationary or trial period, she may have appeal rights if she has completed one year of current continuous service under other than a temporary appointment limited to one year or less. McCormick v. Department of the Air Force

I don't think this has been overturned, at least not yet!

Probationary Period

Director, Human Resource Development
USAF
Wed Sep 8, 2004 11:34 AM

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You have to be kidding!! After a 13 year gap the employee did not want to have a probationary period! Any time a person starts a new job even if for the same agency they should expect a probationary period. This is one time I agree with the courts! The employer needs to have some discretion in hiring and firing. Civil Service is full of substandard employees because it is so difficult to fire them. Sadly many times they are promoted to get them out of an organization and send the problem elsewhere.

Total Comments: 4
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