If you’ve got an employee handbook that mentions a “probationary period,” don’t feel bad. You’re not alone – I see it all the time. In fact, a lot of the business owners I work with are surprised to learn that something so standard-sounding can cause real confusion. But here’s the thing: the word “probationary” doesn’t just sound outdated. It could be setting your company up for a serious misunderstanding – or worse, a legal headache – down the road.
I get it. You bring someone on, and you want a little window of time to make sure it’s going to work out. Totally fair. You’re trying to figure out if they can do the job, if they mesh with the team, if this was the right call. And you want them to know that this is still part of the evaluation phase. So you slap a label on it: probationary period.
But that label? It’s doing more harm than good.
Let’s pause here and ask – what does probation sound like? For most people, it feels like a test. And once they pass the test, they’re in. They’ve earned a new status. Something more secure. Something that sounds like a guarantee.
Now, that might not be what you meant. But it is what it communicates.
And if you’re in an at-will state – which most of us are – that’s a problem. At-will employment means either you or the employee can end the relationship at any time, for any lawful reason. No promises. No guarantees. So when your documents say they’re “on probation,” and then you don’t let them go afterward, it can imply something has changed. It can look like you’ve made an unspoken promise of job security. And if you do end up needing to terminate the person later, they could try to use that against you.
It’s happened. I’ve seen it.
“Introductory period.”
Simple swap. Huge difference.
Where “probationary” sounds like punishment or surveillance, “introductory” feels collaborative. It tells the employee – we’re still getting to know each other. We’re learning. We’re observing. We’re figuring out if this is a good fit for both sides.
Because that’s the truth, isn’t it? You’re watching how they perform, sure. But they’re also watching you. They’re deciding if your leadership style works for them. If the company culture feels right. If the job matches what they thought they signed up for.
That’s what makes an “introductory period” such a better fit – it reflects reality. It sets a tone of mutual respect. And most importantly, it avoids creating the illusion that something magical happens on day 91.
“…And most importantly, it avoids creating the illusion that something magical happens on day 91.“
If you’re thinking, “Great, I’ll just swap the word in my handbook and move on,” hold up. That’s only half the work.
You also need to explicitly say that completing the introductory period does not change the employee’s at-will status. That means putting that sentence directly into your employee handbook, your offer letters, and any onboarding materials that reference the period. Be crystal clear: this is not a contract. The at-will relationship remains in effect, and either party can end it at any time.
You’re not being harsh. You’re being honest – and that’s leadership.
Sometimes, you’re just not sure about someone. Maybe you’re filling a short-term gap, or trying out a new position. In that case, skip the introductory period entirely and bring them on as a temporary employee.
Temporary assignments come with a built-in expiration date. That might be 30 days, 60 days, or the length of a specific project. You set expectations clearly from the beginning – no surprises, no false promises. And because the employee knows the role is short-term, there’s usually less emotion (and less risk) if things don’t continue.
Just keep in mind: temporary employees might not be eligible for company benefits, but depending on your state, they may still be entitled to things like paid sick leave or family leave. You’ve got to stay on top of that.
Whether you’re an entrepreneur jumping into a leadership role, a seasoned business pro with new HR responsibilities, or just starting your HR career – we’ve got the right path to guide you through your HR hurdles.
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This one sneaks into documents all the time. But let’s ask the obvious: what does “permanent” sound like?
It sounds like forever. It sounds like “I can’t be fired.” It sounds like, “I’ve made it – I’m safe now.”
And that’s not the message you want to send.
So instead of calling someone a “permanent employee” after they pass their introductory period, call them a “regular employee.” That’s the right term. It means they’ve moved past the introductory phase, but it doesn’t suggest a promise of lifetime employment. And again – it keeps you aligned with at-will laws.
If there’s one theme I want you to take away from all this, it’s that clarity is a leadership skill.
The words you use – in your handbooks, your offer letters, your conversations – they matter. They shape how employees understand their role. They create expectations. And they either build trust or quietly chip away at it.
You don’t need a law degree to get this part right. You just need to slow down and look at what your documents are saying – and what they’re really saying.
So yes, that little phrase – “probationary period” – might seem harmless. But if you swap it out, tighten up your language, and align your message with the reality of at-will employment, you’re going to save yourself a lot of confusion and potential trouble.
And more than that – you’re going to show up as the clear, thoughtful, no-BS leader your team needs.
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