Title VII of the Civil Rights Act 1964: Federal law that prohibits discrimination in disciplinary actions based on race, color, religion, sex, or national origin. Must ensure probation letter does not show discriminatory intent or impact.
Americans with Disabilities Act (ADA): Federal law requiring reasonable accommodations for disabled employees. Disciplinary actions must consider if performance issues are related to a disability and if accommodations were provided.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination. Probation terms must be applied consistently regardless of age.
National Labor Relations Act: Federal law governing union relations. If employee is unionized, disciplinary procedures must comply with collective bargaining agreement terms.
Fair Labor Standards Act (FLSA): Federal wage and hour law. Ensure any probation terms don't violate minimum wage or overtime requirements.
State Labor Laws: Varying by state, these laws may impose additional requirements for disciplinary actions and employee rights during probation periods.
At-Will Employment Provisions: State-specific rules governing employment termination. Letter should preserve at-will status while documenting specific performance issues.
Company Policy Compliance: Internal policies including employee handbook, established disciplinary procedures, and progressive discipline policies must be followed.
Documentation Requirements: Need for comprehensive documentation including previous warnings, performance evaluations, and specific incidents leading to probation.
Due Process Considerations: Requirements for fair treatment including clear communication, specific expectations, measurable goals, reasonable timeframes, and appeal processes.
Protected Activities Compliance: Ensure probation is not in retaliation for protected activities like whistleblowing, EEOC complaints, or workers' compensation claims.
