Are employers able to impose a probationary period on new employees?

In Virginia, employers are allowed to impose a probationary period for new employees. The probationary period must be agreed upon by both the employer and the new employee in their employment contract. During the probationary period, the new employee must demonstrate a satisfactory level of performance. If the employee does not meet the expectations of the employer during the probationary period, the employer can take disciplinary action, including discontinuing employment. Probationary periods can last anywhere from six months to twelve months. During a probationary period, employers may be more lenient with rules and boundaries for the new employee. This allows for the employee to adjust and get used to the new role and workplace. Employers are not allowed to discriminate against new employees solely because they are on a probationary period at any point during the probationary period or during any disciplinary process. Employers must make sure that all probationary periods and disciplinary processes are handled in the same manner and with the same level of respect as any other employee. At the end of the probationary period, the employee should be informed of the results of their performance. Not all probationary periods result in the termination of employment. Some employees may be successful and pass their probationary period, in which case they will move onto permanent employment with that company.

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