Why Employers Cannot Illegally Fire Employees Just Because They Are in Their Probationary Period

When an employee is on probation, many believe the employer has complete freedom to terminate. This is a common misconception. Even during probation, employers must follow the law and cannot fire someone for illegal reasons. Understanding why this protection exists helps employees and employers navigate probation periods fairly.

Legal Protections Apply During Probation

Probation periods allow employers to assess new hires, but they do not erase workers’ rights. Laws against discrimination, retaliation, and unfair dismissal still apply. For example, an employer cannot fire an employee because of their race, gender, religion, disability, or age, even if the employee is still in probation. These protections come from federal and Washington state laws designed to prevent workplace discrimination.

Examples of Illegal Reasons for Firing

Employers cannot terminate employees for reasons such as:

• Filing a workers’ compensation claim

• Reporting workplace safety violations

• Taking legally protected leave (such as family or medical leave)

• Refusing to engage in illegal activities

  
  

If an employee is fired for any of these reasons, the termination is illegal regardless of probation status. Courts have ruled that probation does not grant employers the right to bypass these laws.

What Employees Can Do

If you believe you were fired illegally during probation, you should document the circumstances around your termination and contact a lawyer.

Knowing your rights helps protect you from unfair treatment. Employers must provide a legitimate, legal reason for ending employment, even during probation.

Feel free to contact one of our Seattle wrongful termination lawyers right away.