\par Mailbag! \par

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Mailbag!

Q:\tab An employer recently made me a job offer, and it is their practice that each new employee goes through a 90 day “probation” period. Is this typical/reasonable? Should it worry me?\par \par A:\tab Employers in all types of industries use probationary periods with new employees, so in that context there isn’t anything worrisome or unusual about it. However, it is somewhat less common among law firms. You would want to make sure you’re clear what exactly the probation period entails. Some employers use it before you become eligible for full-benefits, while others may use it to evaluate whether you should continue as an employee. The reality is that no matter where you go you’re almost always an at-will employee, subject to dismissal by the employer and yourself free to leave without penalty. So in practice the 90 day period is just a more formal way of evaluating new employees.\par \par Q:\tab An employer made me an offer over the phone recently, which I accepted. However, I haven’t received anything in writing. Should I be worried?\par \par A:\tab Probably not. There are many employers who don’t put their offers in writing and simply conduct their hiring business over the phone. However, if the person you spoke with gave any indication that they needed any additional approval, I would not consider the deal done. Also, if the employer specifically mentioned they would be getting you a written offer soon and you haven’t received it, I think it’s certainly appropriate for you to follow up and ask about it. If you want something in writing, or perhaps you’re in a situation where a potential landlord/mortgage company/etc. is requiring proof of employment, again I think it’s entirely appropriate to ask the employer to draft something for you. But if the question is, should you worry about whether you actually have the job simply based on the fact the offer/acceptance occurred via phone and not in writing, the answer is generally no.\par \par Q:\tab After I have interviewed for a position, how long should I wait to hear from them before reaching out? If I don’t get a response, when and how often to I follow up?\par \par A:\tab This is always a difficult question, and as you might imagine much depends on the circumstances. Notably, what did the employer say, if anything, regarding the timing of when they might make a decision? If they didn’t provide a target date, I think two weeks after the interview is entirely appropriate, though you could probably get away with contacting them a little sooner. A few days is certainly not enough time. So probably sometime in the second week after the interview is the sweet spot. If they provided a specific target date, I would probably reach out between three and five business days after that date. I find employers often give Friday as a target date; using my advice that might mean reaching out at the end of the following Wednesday or Thursday.\par \par Got a question for the Mailbag? Send it in!\par \par Connect with Daniel at Daniel_Hare@Baylor.edu and/or @BaylorLawDaniel on Twitter.\par \par \par Job of the Week: Each week I highlight a job in Symplicity you might be interested in but may have missed. This week's job is: Associate at Sauders & Walsh, PLLC(Entry-level attorney, Plano) Log in to Symplicity to view this job and apply. \par ]]>\par

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