Why a 90-Day Probation Might Not Be Doing What You Think It Iscc
Still using a 90-day probationary period to “test out” new hires? It might be doing more harm than good. In this solo episode, Jackie Koch breaks down why the traditional probationary period is outdated, misleading, and potentially risky for your business.
You’ll learn what 90-day periods really signal to your new team members (hint: it’s not trust), why they don’t actually protect you legally, and how to better structure the first three months of employment to set your new hire—and your business—up for success.
Jackie shares a modern, compliance-friendly alternative: creating a structured onboarding plan with clear expectations, regular check-ins, and milestone-driven ramp periods. Whether you’re a startup founder or a small business owner trying to reduce hiring risk, this episode gives you the tools to do it the right way
What you’ll hear in this episode:
[2:00] Why business owners use 90-day probationary periods
[4:10] The legal truth about at-will employment and false protection
[7:25] How “probation” language lands with your new hire
[10:15] The better way to ease hiring risk
[13:40] How to set clear expectations and success milestones
[16:05] What a solid onboarding plan actually includes
[18:45] When a 90-day period does make sense (ramp periods, stretch roles, benefit alignment)
[23:00] Final thoughts: What to do instead of probationary periods
Resources & Links:
💬 Connect with Jackie on LinkedIn
If this episode made you rethink your onboarding or hiring process, do us a favor—send it to a fellow business owner or hiring manager. And don’t forget to check out People Principles for done-for-you hiring tools and HR foundations that actually work
READ IT INSTEAD:
Why You Should Ditch the 90-Day Probationary Period (and What to Do Instead)
If you're still slapping a 90-day probationary period into your offer letters, thinking it gives you a safety net in case your new hire flops—we need to talk.
Sure, it sounds logical: Give it 90 days and then decide if they make the cut. But here's the truth no one tells you: that policy isn't protecting your business. In fact, it could be setting you up for legal headaches, confused employees, and a team that never quite clicks.
Let’s break down why it doesn’t work and what to do instead to actually build a high-performing team.
What You Think a 90-Day Probationary Period Does
Many founders and business owners add it thinking it gives them the freedom to fire someone without consequence. You want a buffer. A test drive. And maybe you've been burned before, so this feels like your insurance policy.
But if you’re in an at-will employment state (which, unless you’re in Montana, you are), you already have the right to let someone go at any time for any lawful reason. A probationary clause doesn’t strengthen that right—and in some cases, it weakens it.
What It Actually Does
Creates false security. You assume you don’t have to actively manage during the first 90 days, which leads to delayed feedback and sloppy onboarding.
Sends the wrong message. Telling someone they’re "on probation" can make them feel like they’re walking on eggshells instead of stepping into a long-term opportunity.
Backfires legally. In some states or scenarios, a probationary period can be interpreted as guaranteeing employment for those 90 days. That’s the opposite of what you want.
Scares off top talent. Savvy candidates might see it and wonder if you're a sketchy employer who doesn't really invest in onboarding.
Here’s What to Do Instead
If you want to reduce the risk of a new hire not working out—without making them feel disposable or triggering unnecessary legal risk—there's a better playbook.
1. Set Clear Expectations from Day One
Don’t wait 90 days to find out if someone "gets it."
Spell out the role, responsibilities, and performance goals.
Define what success looks like at 30, 60, and 90 days.
Be explicit about team norms—response times, communication style, ownership expectations, etc.
2. Build a Strong Onboarding Plan
Map out their first 12 weeks. Blend training with relationship-building. Give them opportunities to get early wins.
When new hires feel like they’re gaining traction fast, their confidence grows—and so does their loyalty.
3. Hold Regular Check-Ins
Weekly or bi-weekly check-ins aren’t just for performance reviews—they're for building trust.
Ask: What’s going well? What’s unclear? What support do you need?
Give feedback. Remove blockers. Help them level up. That’s how you make sure you don’t miss warning signs and show your team you’re invested in their success.
When a Defined Initial Period Does Make Sense
There are some situations where a defined 90-day phase is useful—but let’s call it what it is: a ramp-up period, not a probationary one.
Use it:
When the role requires extensive training, and compensation is adjusted after 90 days.
For stretch roles (especially internal promotions) where you want to assess fit before locking in title or pay.
To unlock certain "privileges" like remote work eligibility after they’ve proven they can manage autonomy.
It’s all about framing. You’re not saying, "Let’s see if we keep you." You’re saying, "Here’s how we’ll grow together."
The Bottom Line
A 90-day probationary period might make you feel better, but it does nothing to actually protect your business. Worse, it undermines trust before it even begins.
What protects your business? A clear hiring process. A strong onboarding plan. And consistent, candid communication.
Stop defaulting to outdated HR policies. Start building the kind of workplace your best employees want to stick around for.
Want help setting clear expectations and making better hires? Grab our free Hiring Best Practices guide: Download Now