What are the rights of new employees during the probationary period?
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What are the rights of new employees during the probationary period?
I was appointed to the position of
Asked on October 21, 2017 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You indicate that you were in, or at least were hired for, a Civil Service position; in that case, you have whatever protections the Civil Service gave you, and you are doing the right thing by folllowing up with them.
Otherwise, apart from Civil Service rules, unless you had a written employment contract for a fixed or definite period (e.g. a one-year contract) which you were fired in violation of, you had no rights. When there is no contract (and no Civil Service protection), all employment is employment at will: your employer determines your job and responsibilities, and can change them at all, regardless of your title or what you were hired for; if the employer is not satisfied with you, the employer may terminate you legally at will. It's not fair, but it is legal.
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