Probation Dilemma: Should We Address an Employee's Job Hunting Before Confirming Her?

Dear seniors, We hired an employee around 6 months ago on a 6-month probation period, which she is about to complete very soon. However, we have recently discovered that she is already seeking other opportunities. Is it appropriate for us to inform her that her performance has been found unsatisfactory and that we will not be confirming her employment?

Thank you.

Is there any clause mentioned in the appointment letter relating to actions taken by the employer?

With regards,
Vineet Deshmukh

How did you find that the performance is not satisfactory? What efforts have you or your organization taken to improve the same?

Why is the employee looking for a change? Does your organization have any issues with the probationary employee?

Thank you.

No clause is mentioned, and performance is okay. But we cannot have employees taking the company for granted, right?

You cannot take any action unless it is subject to the clauses mentioned in the appointment letter. An employee who is on a probation period can quit the company within a day; the notice period is not applicable.

How can you restrict not giving his confirmation letter? Discuss with the employee about their future planning and convince them of the opportunity in your company. You know, the retention of employees is more challenging for us these days.

With Regards,
Vineet Deshmukh

Yes, I agree, but if this particular person came from a well-known company and my company is not reputed, it is obvious she would not stick around for long. Plus, my management will never tolerate somebody looking out for a change so soon.

I think you have some assumptions about this particular employee of yours. If you have confirmed through a reliable source that she has received an offer and is about to leave after 6 months, then it would be advisable to speak with her and inquire about her future plans with your organization or otherwise.

As far as the appointment's clause is concerned, I don't believe you can prevent her confirmation as it may lead to a legal issue. Additionally, it could potentially impact the morale of other employees.

Regards,
Sanjeev

Just because one is seeking a change does not make the person a non-performer. Please be a little more proactive and find out why she is planning to leave. Maybe you can salvage the situation and take steps to retain her. By not confirming her, what objective would you achieve?

Regards,
Vasant Nair

I think you should follow your company's policy and procedure. She is an employee, same as we are. If she completes her probation period and does not resign, and your management is satisfied with her, then give her a confirmation letter; otherwise, provide an extension. After confirmation, you will have a 1- to 2-month notice period during which you can find her replacement. If she resigns before completing the probation period, that's okay. Conduct an exit interview to find out the reason, but do not start thinking negatively from your side.

Best Regards,
Ram Shewale

Dear seniors,

We hired an employee around 6 months ago on a 6-month probation period, which she is about to complete very soon. Now, we have just discovered that she is already looking for a change. Can we inform her that her performance has been found unsatisfactory and not confirm her?

Review the Probation Letter

First, we need to see what has been stated in the letter of probation.

Legal Requirements

As per the Tamil Nadu Model Standing Orders Act, we must communicate to employees at least ten days before the completion of the probationary period about their continuance in any organization.

Termination Due to Unsatisfactory Performance

If you want to terminate any person because of unsatisfactory performance during the probation period, you must keep records showing the poor performance of the concerned individual.

A 'probationary order' should have a termination clause, which states, "For any reasons whatsoever, your services can be terminated during the probation."

Therefore, we request you to please prepare a letter as below and terminate the concerned service well before ten days of the completion of the probation period: "With reference to the letter of probation dated ..., we inform you that your services have been terminated effective from the close of office hours of ... We request you to return the company property to the concerned person so as to enable us to settle your full and final settlement."

Regards.

Dear Imrqur, as we are working in HR, our first step should be to find out why she is looking for a change. Please try to put yourself in the staff's shoes as well; all the others are secondary.

Regards,
Lovish

You should sit with her to discuss all the pros and cons. Why is she looking for a change? Is there anything that is making her feel uncomfortable? You should take some steps to understand why her performance was not up to the mark.

Thanks

Evaluating Probationary Employees

You should consider ignoring the probationary employee looking for a change. Based on the performance of the employee, without any other issues, employment should be confirmed.

Addressing Career Change Decisions

Look at the situation: if she decides to change her career, what will you do? It's better to call for a meeting with her to understand the reasons for her current status.

Dear seniors, we hired an employee around 6 months ago on a 6-month probation period, which she is about to complete very soon. Now, we have just learned that she is already looking for a change. Can we inform her that her performance has been found unsatisfactory and not confirm her?

Ethical Considerations in Employment Decisions

Can you or your organization gain anything by deliberately playing with the career of your employee? Also, would your company's reputation increase by willfully spoiling the career of an employee? Don't you know how your employees and prospective candidates would start scornfully rating you individually and the company, in particular, after such an unethical attempt on your part?

Regards

Dear Shitu,

Understanding the Probation Period

Probation is a fixed period of initial service for a new employee on a job where they undergo a testing process to prove their fitness for the position and to be confirmed for continued employment. If the probation period is not completed successfully, the employee can be terminated from service.

Regards

I am in agreement with many of the replies to your post. If this individual is already dissatisfied with your organization within 6 months of joining and his/her performance is good, I think the department and/or the organization is probably at fault.

Line Manager's Role

Who is his/her line manager? If the line manager is aware of the employee's dissatisfaction, what are they doing about it? Does this manager have regular 1-1s with their staff members?

Addressing Employee Dissatisfaction

For the protection and development of your organization, please don't let this wait until an exit interview. Get to the bottom of the problem now and try to fix it—not just for this employee but others who are potentially dissatisfied.

Understanding Employee Intentions

Discuss with the employee to understand the reason for her seeking a new job within 6 months. Two-way communication is the best approach to resolving conflicts. Avoid taking any aggressive steps against an employee at such an early stage, as it can have a negative impact on the organization.

Thanks,

Sandipan

If we have mentioned in the appointment order that "Your services will be confirmed after satisfactory performance subject to management approval."

Regards,
Giridhar.V.R

Probation Policy and Employee Confirmation

I feel you need to have a clear policy on probation. When the employee is about to complete her probation satisfactorily, as you say, you are ethically bound to confirm her. It is also possible that she herself does not know if she is going to get confirmed in your company and may be exploring other options in case you terminate her service after probation.

What you need to do is take the employee into confidence and convince her that staying in the company after the probation will be most ideal for her. If you still feel that this employee will most likely leave you later, if not now, ask her to make the choice today, i.e., either to stay or quit. If she decides to stay, tell her that then her option to leave the company will be foreclosed.

When her performance is good as per your management, denying her confirmation for an unknown reason is a wrong decision. You can openly discuss with her regarding her performance, the management's decision on confirming her position, etc., and inform her about the relocation proposal news that you heard through someone. Then, make a wise decision on her job confirmation. Without knowing the real facts, do not deprive her of her rightful benefits.

Best,
T. Kumar

I am joining the discussion late, so I have the benefit of others' comments. Points to be considered are:

1. Is the employee attempting anything wrong/illegal? - NO
2. Is the employee legally bound to inform you of intentions to leave/seek better avenues? - NO
3. If the employee, in any fashion, is not found suitable for retention, then if your organization follows rules, the employee can't be denied confirmation.
4. In fact, after confirmation (in case the employee has spent time beyond probation), it will be difficult for the employee to quit without giving due notice.
5. Organizations should try to find reasons for attrition rather than becoming anti-employees who want to quit.
6. An exit interview may be an eye-opener.

Regards,
Col. Rathi

This is Very Bad

She/he has a right to apply for or try a job outside. Almost everyone does the same. If her performance is not up to the mark or there are any behavioral issues, or if her team members/peers have any issues with her, then you can think about this.

I think she has an issue at her workplace. Most employees do not shift jobs within 6 months. If she is trying, it means:

1. She has issues of her own or workplace-related.
2. She is getting good offers.

Think about this. Don't try to punish or treat her otherwise. She/he trying for a job outside is not an unlawful or unethical practice. Don't think on those grounds. This will not bring a good image to the organization or as far as HR policies are concerned.

Namaste / Gurubhyonamaha 

Much regards,

Nagarjuna Kandimalla

[Email Removed For Privacy Reasons]

[Phone Number Removed For Privacy Reasons]

"You can buy a man's time, you can buy a man's physical presence at a given place, you can even buy a measured number of skilled muscular motions per hour or day; but you cannot buy enthusiasm, you cannot buy initiative; you cannot buy loyalty; you cannot buy devotion of hearts, minds, and souls. You have to earn these things."

Go Green | The future will thank you |

Hi, it's a free market. Rather than making an issue out of it, let the employee find a better job and you find a better employee.

I wonder if, before the completion of the probation period, any HR would have a one-on-one with the employee to convey their standing as per the organization's requirements. If you, as HR, wanted to give confirmation immediately after the completion of the probation period by default, I am sure it wouldn't be the right practice. Please have a one-on-one with the employee, find out if what you heard is true, and if she confirms, ask her whether her decision is final. If so, give her the choice of leaving immediately as it would take time (notice period required by your organization) to relieve her after confirmation, or extend her probation period for another 6 months. The option is with you. You have the right choice to make.

Thank you for giving me a chance to share my thoughts.

Best regards

Interesting question... and something that happens practically every day in every other organization. But what is much more intriguing is the kind of response this is generating. Some of them are quite amusing, I must say.

Understanding the Situation

My understanding and reaction to this situation are quite simple. Is the employee in question "truly" a poor performer, or are you really reacting to her looking for a job? If she is truly a poor performer, why were you and her line manager waiting for her probation period to complete to inform her of the same? I would have thought that you (including the reporting manager) would have had a feedback conversation with her and told her about where and how she needs to improve. By not doing that, you are in a situation where even if it was a genuine reason, it will be branded as a revenge move.

Revenge Move or Genuine Concern?

If it is a revenge move, then I suggest you and your organization management "grow up" and get on with life rather than get back with unproductive activities.

The Importance of Timely Feedback

This is not a case in isolation. We are kings of "last-minute activities and reactions." We talk of great theories and exciting activities to create amazing organizations but fail to even follow simple basic fundamental rules. Feedback is one such fundamental building block of an effective/efficient/productive HR culture, and feedback not given on time is, for all practical purposes, 'useless.'

Cheers!!

Since she is already looking for a change and you are not satisfied, then she must leave. She may leave your company later if you do not ask her to leave.

Regards,

Just put yourself in her shoes and see her point of view. I also sense some amount of ego in the statement—cannot take the company for granted.

I have gone through all the replies posted. Thanks! First of all, we just had a case where an employee mailed a resignation letter and left without serving the notice period. We have tried contacting him, but to no avail.

Management will never want something like this to be repeated by this employee. Moreover, soon after she was hired, management didn't really find her to be the correct choice for this role, certainly not worth the money offered. Feedback from her previous organization has not been too encouraging as well. She has joined us from a much-reputed organization where she was not a good performer. Our company seems like a stop-gap arrangement to her where she could get the desired hike and move out as soon as possible.

Now, since we have caught her looking for a change already, we would not like to take the same risk as the previous employee and look for a replacement as soon as possible. In fact, we already have much better candidates in mind to replace her.

So, shouldn't we find a better employee and let her find a better job?

She has used the office PC and official email ID to send her CV to other companies, which, in itself, is a crime. So please advise.

Ok, but my management has decided to terminate her six-month probation period as soon as possible. We will be giving her one month's notice during which she can look for a change.

As your management deems appropriate. It is a matter between the management and the employee. You sought our opinion, so we attempted to inform you about the legality of the proposed action. Nothing personal to any of the members who endeavored to offer you their advice.

From what you have stated in your first post and what you are stating now, and the gap that is so visible, it is important that you word your post carefully so that it actually conveys what you intend to convey. Your post below gives the issue a new dimension. Please consider my observations in red:

Best Wishes,
Vasant Nair

Exactly. We will ask her to resign and move out instead of terming it termination. Would that be okay?

Employment Obligations

During the course of your employment with us, you shall not take up any other employment or assignment elsewhere. You shall devote your full time and endeavor to sincerely and diligently discharge the responsibilities assigned to you.

Contractual Agreement

It must be clearly understood that this Contract of Service is made based on the information furnished by you. If it is detected that you have attempted to conceal or suppress any material information, then the Company shall rightfully terminate your Contract without assigning any reason and/or without any notice or any compensation whatsoever, besides taking any other legal actions as it may be deemed appropriate.

Company Rules and Regulations

On matters not specifically mentioned herein, you shall be governed by the rules of the Company as are in force or amended from time to time.

The above three are some of the relevant clauses mentioned in her appointment letter.

So, I guess sending resumes using the official PC and email ID to other companies during office hours, displaying slightly rude behavior with a very senior person from the management, receiving unfavorable feedback from her previous employer, continuous net surfing for personal use, and using the company mobile for innumerable personal calls could be termed as negligence of duty and reason enough for terminating her probation period.

Of course, we shall be asking her to resign in order to avoid problems for her in the future... hope this should be fine. Please advise.

Termination During Probation Period

You cannot ask someone to resign! That amounts to blackmail. The employee has not been confirmed yet, so services can be terminated without assigning any reason. Yes, on a number of occasions, employees are informed that the process is underway to terminate their services, causing them to resign as they would rather resign than be fired—which looks bad in a background check. What is slightly rude behavior? No justification is required during the probation period.

Regards,
Col. Suresh Rathi