Centurion Insurance Services Human Resource Minute - Probationary Employees in West Virginia
Quick Definition:
A probation period for a new workers is a length of time given to an employer to determine the fitness, performance and suitability for continued employment for a specific individual.
Duration of a Employee Probationary Period:
It is general recognized that an employee probationary period can last anywhere from a few weeks to one year and largely depend on the nature of the work.
Probationary periods should follow the generally accepted time frames for that industry group such as 30 to 90-days with the construction trades.
The Legal Basics Governing Temporary Employees in West Virginia
A review of the public domain did not identify any instances that specifically prohibited probationary periods for private sector employees in West Virginia.
West Virginia laws relating to employee probationary periods refers mostly to various state agencies and educational entities.
West Virginia is an “At Will” state meaning that organizations can terminate employees for any reason that is not brought on by discrimination, or is a violation of either federal or state law.
In West Virginia, probationary workers in the public sector are normally given a written warning before they are terminated.
Probationary employees in West Virginia who are terminated by their employer are usually entitled to unemployment compensation benefits as regular employees.
Probationary employees in union represented workplaces usually have the same rights as union members with the exception of those rights delayed until the completion of their probationary period.
Common Sense Guidelines With Probationary Employees:
In-depth background checks of job applicants can reduce the number of probationary employees that don’t achieve full employment status.
Online psychological profile testing can help to identify job applicants who may not be mentally or emotionally suited for the job.
Post hiring drug testing, if part of the workers employment requirements, should be conduct at least once during every worker’s probationary period.
While human resource experts generally agree that probationary workers have less employment rights than regularly workers, they are still protected by certain federal laws such as protection against discrimination, the right to file EEOC complaints and the right to lodge workplace safety and health complaints with OSHA.
Additional employment rights for probationary workers include sick leave, time off, minimum wage, overtime pay, and the same employee benefits as regular employees.
An organizations probationary employee policy should be in writing, reviewed by legal counsel, and copies provided to every new hire.
Rules for probationary employees should clearly state what is acceptable versus unacceptable conduct and job performance.
Probationary workers should be provided with adequate training and administrative support.
Supervisors for probationary employees should be selected on the basis of their emotional maturity, experience and people skills.
A negative review of a probationary employee by a supervisor should not necessarily be sufficient reason to terminate employment.
The new employee onboarding process should continue unabated during the probationary period.
When a probationary employee does not meet the prerequisites to become a regular employee because of circumstances beyond their control, such as an illness, an extension of the probationary period can be granted.
Conclusion:
New employee probationary periods have proven to be an effect way to determine if a new worker is an appropriate fit for the organization.
Effective background checks should be used with job applicants to ensure that only candidates with a good chance of success advance to the probationary stage.
An important consideration on whether a probationary employee can progress to full employment is if they appear to be a good fit for the organization’s mission and culture.
For additional information on this subject contact Centurion’s Loss Control Manager, Rob Brooks at:
☎️ (606)434-0739
