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120 Day Trial Period for New Employees

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  • 05-06-2019, 09:49 AM
    Ed209
    120 Day Trial Period for New Employees
    My question involves labor and employment law for the state of: new york

    In my union contract it says I have a 120 day trial period. It does not specify if it is calendar days or working days.

    I called the union and they do not know. He actually saod the employer will say days worked and the union will say calendar days.


    How would this 120 days be interpreted if they tried and fired me say a day after 120 calendar days. With something vague like this would they interpret it as 120 days worked or 120 calendar days.

    I assume I am employment at will until this 120 days.

    Some other different union contracts I looked up specify calendar days, but mine only says days.
  • 05-06-2019, 09:53 AM
    cbg
    Re: 120 Day Trial Period
    If the union itself doesn't know for sure, it's a dead cert we don't.
  • 05-06-2019, 10:36 AM
    Ed209
    Re: 120 Day Trial Period
    Trial Period: All newly hired
    employees in the industry shall have a
    (120) day trial period.

    This is what it says in my union contract.

    How would the courts handle something like this since it is vague.
  • 05-06-2019, 10:44 AM
    pg1067
    Re: 120 Day Trial Period
    It will be impossible for anyone here to offer any sort of useful opinion without context and without reading the CBA.
  • 05-06-2019, 11:02 AM
    adjusterjack
    Re: 120 Day Trial Period
    Quote:

    Quoting Ed209
    View Post


    How would the courts handle something like this since it is vague.

    If you got fired for no reason after the 120 days and you filed an action in court the burden would be on you to prove your assertion, which I would assume to be work days since that would be a longer period.

    120 calendar days would average to 4 months.

    Assuming a 5 day work week, 120 days would average 6 months, not counting holidays. Longer if you include holidays.

    However, considering the disparity in the calculations from date to date for employees hired on different dates in the year, my 2 cents worth guesses that a court would call it calendar days so that the same amount of days would apply to each employee regardless of the date of hire.

    Make sense?

    That other union contracts specify calendar days would also give credence to calendar days as conventional use.
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