Understanding Wrongful Termination During Probation: Cases at Embassy Suites Hilton

When employees are terminated during their probationary period, it can be a profoundly difficult and unsettling experience. However, the terms and conditions of the probationary period often clarify that such terminations are not considered wrongful, unless specific legal criteria are met. This article aims to clarify the concept of wrongful termination during probation and whether such cases have occurred at Embassy Suites Hilton.

What Constitutes Wrongful Termination?

Legally, wrongful termination occurs when an employee is fired for an impermissible reason during their employment. This is defined as firing an employee for an illegal reason such as:
Being a member of a protected class, such as race, religion, or gender Resisting or reporting harassment Refusing to perform or reporting an illegal act or safety violation Violating a federal or state labor law

If any of these conditions apply, employees should file a complaint with the appropriate authority, as wrongful termination can result in significant legal consequences and monetary compensation.

Probationary Period and Termination

The article, "Has anyone ever been wrongfully terminated from Embassy Suites Hilton before the 90 days probation is up," raises an important question about the nature of probationary employment at hotels like Embassy Suites Hilton. It is true that during the first 90 days of employment, employees are often on probation. During this period, an employer does not have to provide an explicit reason for termination, as the employment is still on trial. However, termination is not inherently wrongful simply because the probationary period is still ongoing.

The key is that an employer is, in essence, evaluating the performance and suitability of the employee. If the employer determines that the employee is not suitable, the termination is not wrongful termination as long as the employer follows the company's policies and procedures. The employer is not required to provide a detailed reason, which is why it’s important for terminated employees to understand the terms and conditions of their probation.

Specific Cases at Embassy Suites Hilton

At Embassy Suites Hilton, as with any company, there may have been employees who felt they were wrongfully terminated during their probationary period. However, proving wrongful termination in these cases is challenging since the legal criteria for wrongful termination need to be met. For instance, an employee would need to demonstrate that their termination was based on an illegal reason such as discrimination or retaliation.

Consider the statement, "You aren’t wrongfully terminated from a job while on probation. You didn’t make probation." This is a common understanding, but it is important to clarify that during a probationary period, employers can terminate employees for unsatisfactory performance, even if the reason is legitimate. The employer is not required to prove that the employee was unsatisfactory, but rather that there was a valid reason for the termination.

"It's very difficult to be 'wrongfully terminated' from any position during 90 days probation. An employer pretty much doesn't even have to state a reason." This statement highlights the lack of legal protection during probationary periods. Employers are not legally mandated to provide extensive reasons for termination, which can make it challenging for employees to prove wrongful termination. However, employees should be aware that if the termination violates federal or state laws, such as discrimination, it could still be considered wrongful termination.

How to Protect Yourself During Probation

To minimize the risk of wrongful termination during the probationary period, employees should:

Understand and follow company policies and procedures Prioritize performance and meet company expectations Document any issues or concerns with their supervisor Seek guidance from HR if necessary

Employees should also be proactive in networking and building a strong reputation within the organization, which can also help in demonstrating their value and suitability for the role.

Conclusion: While it may feel unjust to be terminated during the probationary period, the legal definition and criteria for wrongful termination are specific and challenging to prove. Employees at Embassy Suites Hilton and other organizations should understand the terms and conditions of their employment and seek proper legal advice if they believe their termination was unjustified.