Wrongful Termination · California & New York
Wrongful Termination During Probation Attorney
Dealing with a wrongful termination during probation issue? Our California & New York employment attorneys can help you get the compensation you deserve.
Free Case ReviewCommon Wrongful Termination During Probation Scenarios
Your Employment Rights in California & New York
If you have experienced wrongful termination during probation, both California and New York law provide strong protections. You may be entitled to:
- Back pay and lost wages recovery
- Compensatory damages for emotional distress
- Punitive damages in cases of egregious conduct
- Attorney's fees and litigation costs paid by the employer
Wrongful Termination During Probation FAQ
Do probationary employees have legal protections?
Yes. While probationary periods may limit certain contractual protections, all federal and state anti-discrimination and anti-retaliation laws still apply. In California, FEHA protections apply from day one. In New York, the Human Rights Law protects employees regardless of probationary status. Employers cannot use probation as a pretext for illegal discrimination.
Can my employer fire me during probation without reason?
Generally, employers have broader discretion during probation, but they still cannot fire you for illegal reasons. A termination during probation is unlawful if it was motivated by discrimination, retaliation for protected activity, or violation of public policy. The shorter employment period can make proving pretext more challenging but not impossible.
What evidence helps prove wrongful termination during probation?
Strong evidence includes: discriminatory comments by supervisors, suspicious timing (e.g., fired right after disclosing a protected characteristic), evidence that the stated reason was pretextual, comparator evidence showing non-protected employees passed probation under similar circumstances, and any documentation of positive feedback before the adverse action.
Should I still pursue a claim if I was only employed for a short time?
Yes. While shorter employment may reduce the amount of back pay recoverable, you can still recover emotional distress damages, punitive damages, and attorneys' fees. In California, successful FEHA plaintiffs can also recover front pay. The principle of holding employers accountable applies regardless of tenure length.
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