Can an employer terminate a new hire employee after 4 days of starting a new job?

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Can an employer terminate a new hire employee after 4 days of starting a new job?

Also, how many days of training is required before saying a person is not fit for a job?

Asked on July 9, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) Unless you had a written employment contract, you were an employee at will, and an employee at will, as the term implies, may be terminated at any time, even within 4 days of starting. (If you had a written employment contract, you could only be terminated in accordance with the contract's terms.)

2) The law deos not require any amount of training before saying that someone is unfit for a job, or any chance for the employee to prove him/herself; the employer can tell him/her as he/she is walking in the door for the first time that "we changed our mind; you're not fit for the job and are terminated." That is part of being an employee at will; you may be fired not just at any time, but for any reason.


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