Habla Español
Call Us Today (949) 379-6250
In California, a probationary period does not diminish your rights as an employee. Whether you face discrimination, harassment, or wage violations in Orange County, the law protects you from unfair treatment.
California is an “at-will” employment state, meaning employers can terminate employees at any time, with or without cause or notice, as long as the reason is not illegal. This rule applies regardless of whether you are in a probationary period. Similarly, employees have the right to leave their job at any time for any reason.
While a probationary period allows an employer to assess your suitability for the role, it does not strip you of protections against unlawful termination, discrimination, or harassment.
Employers cannot discriminate against employees based on protected characteristics such as race, gender, age (over 40), religion, national origin, disability, sexual orientation, or pregnancy.
Example: If an employer terminates you during probation because you disclosed a disability, this could constitute unlawful discrimination under the California Fair Employment and Housing Act (FEHA).
Probationary employees are entitled to work in a harassment-free environment. Employers must address and prevent workplace harassment based on protected characteristics.
Example: If a supervisor makes inappropriate comments about your race or gender, you have the right to report it and expect corrective action.
Probationary employees must be paid at least the California minimum wage and receive overtime pay if they work more than 8 hours in a day or 40 hours in a week. Employers must also comply with meal and rest break requirements.
If you exercise legal rights, such as reporting unsafe working conditions or filing a complaint about unpaid wages, your employer cannot retaliate against you, even during probation.
Example: If you report a workplace safety violation and are terminated shortly after, this could be considered unlawful retaliation.
If you have a disability or medical condition, your employer is required to provide reasonable accommodations to help you perform your job, even during probation.
Example: An employer must provide ergonomic equipment or modify your schedule if necessary to accommodate a disability.
If you are eligible under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA), your probationary status does not disqualify you from taking protected leave for qualifying reasons, such as caring for a family member or recovering from a serious health condition.
While employers can terminate probationary employees for poor performance or other legitimate reasons, if you suspect your termination was unlawful, take the following steps:
Familiarize yourself with company policies and your job expectations during the probationary period.
Keep records of interactions, performance reviews, and any concerns you raise with your employer.
Report any discrimination, harassment, or unsafe working conditions to HR or a supervisor.
If you believe your rights have been violated, an Orange County Employment Law Attorney can help you assess your situation and explore your legal options.