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FL 90 Day Probationary Period

On Lawyer & Legal » Employment & Labor Law

1,380 words with 2 Comments; publish: Thu, 27 Apr 2006 14:03:00 GMT; (80046.88, « »)

Florida unemployment law (I believe it is 443.131.a.2) makes provision for a 90 day probationary period. Instead of terminating an employee who's performance isn't as expected, can an employer extend the initial 90 days another 90 days? Also, should the employee be terminated during the extended probationary period, would the employer be charged for any unemployment benefits should this employee file?

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    • No, you cannot extend the probationary period.

      In addition, you must notify the Agency in writing within 10 days after the mailing date of the notice of initial determination of a claim. Perhaps, most importantly, the employer must inform the employee of the probationary period within the first 7 days of work. Finally, an employer must be prepared to prove that the individual was separated because of unsatisfactory work performance and not because of some other reason including, but not limited to temporary, seasonal, casual, or other similar employment that is not of a regular, permanent, and year-round nature.

      #1; Fri, 28 Apr 2006 06:02:00 GMT
    • If the law says benefits are not due if terminated during the first 90 days if it is designatted as a probationary period, then on day 91, the employer can call it whatever they want, but UC would be due if all other qualifying elements are met. Otherwise, employers would just keep extending everyone's probationary period to avoid ever owing UC.
      #2; Thu, 27 Apr 2006 15:37:00 GMT