FAQ's
Employing a US worker
Get answers to your questions and take the first step toward US business expansion.
What is the usual US probationary period for an employee?
If a US employer uses a probationary period, 90 days is the most common length. There is no legal requirement to have one, and the length depends on what the employer sets in its policy or offer letter.
Probation matters less in the US than in Europe because most US employees work under the ‘at will’ doctrine. Either side can end employment at any time, with or without notice, as long as the reason is not unlawful. To find out more, read our guide on how to compliantly terminate an at-will employee.
Be careful with wording. Calling it an “introductory period” rather than a probationary period, and stating that employment stays at will afterwards, avoids suggesting that staff gain job security once it ends. Montana is the exception: its default probationary period is 12 months under state law.
Frequently Asked Questions: US Probationary Periods
How long is a typical probationary period in the US?
Most US employers that use one set 90 days. Some use 60 days or six months for senior roles. There is no federal or state legal requirement to have a probationary period at all, except in Montana.
Can you fire an employee during probation in the US?
Yes, and usually afterwards too. Under at-will employment, either side can end the relationship at any time for any lawful reason. Probation does not change that, but it is a useful point to review performance.
Do US employees get benefits during probation?
It depends on the employer’s policy. Many US employers start health insurance from the first of the month after hire or after 30 to 60 days. Some delay paid time off or 401(k) eligibility until probation ends.
How can Foothold America help your business hire employees in the USA?
If you’re thinking of exploring the US market, you’re going to need to hire American employees at some point. On this page, you’ll find the answers to frequently asked questions relating to employing a worker in the USA. Explore questions such as how you can employ staff overseas, why probationary periods are rarely used, and how you can make the hiring process straightforward using Foothold America solutions. If you have any other questions for us about employing a worker in the USA, please feel free to get in contact with us here.
Only the best for you and your team
At Foothold America, we offer top-notch service for you and your team. Our core services include:
Employer of Record Service (EOR)
Our Employer of Record Service offers a turn-key, cost-effective solution for your company to have a legitimate US presence with US employees anywhere in the country in as little as one week without the cost and complexity of setting up a US entity.
PEO+ Cross-Border Support™
Our full PEO+ Service goes beyond traditional PEO offerings. From tailored implementation assistance to smooth onboarding for first-time hires or transitions from other hiring models, we help you manage your US entity and people operations. This service is a great option for international businesses looking to conquer the US market with absolute peace of mind.
People Partnership Service (PPS)
We’ve created our People Partnership Service (PPS) to help you navigate the process of setting up your US entity, becoming the Employer of Record (the direct employer), onboarding US employees, and managing the complex operational and HR processes of doing business in America.
Exclusive Talent Acquisition (ETA)
Businesses around the world partner with Foothold America and save thousands of dollars on their US hiring costs. With our ETA service, you can find and hire the best employees compliantly and competitively. We make it easy and affordable for you to hire the right candidate at the right time and at the right cost.
Entity Setup
Establishing a legal entity in the US brings enormous potential for growth – and a unique set of challenges and complications. Partnering with Foothold America for your US entity setup ensures smooth and compliant incorporation in your chosen state – all whilst cutting through layers of bureaucracy and giving your company the freedom to concentrate on its larger business objectives.
GET IN TOUCH
Contact Us
Request a quote, talk with our US expansion experts or ask any questions. We will get back to you via email in less than 24 hours.
SERVICES
ABOUT US
RESOURCES
TOOLS
CONTACT
OFFICES
Boston, USA (HQ)
Tampa, USA
London, UK
Puechmontard, France
