Can these terms be signed electronically?

Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and by UETA where adopted, provided the signing process demonstrates intent, consent, signer attribution, and secure record retention.

Do I need a notary or witness?

Typically no for probation agreements; notarization or witness requirements are uncommon for employment forms. Check state rules if you plan to attach documents that do require notarization or witnesses.

How should I correct a mistake after signing?

Prepare an amendment signed by all parties or reissue a corrected agreement and have all parties sign again. Keep both versions and document the reason for the change for audit purposes.

What if the employee's signed name differs from ID?

Resolve discrepancies before finalizing payroll or background checks. Name mismatches can delay verification; require a corrected signature or add a signed acknowledgment matching legal name.

How long must I keep signed probation records?

Retain signed records per applicable rules: IRS generally 3 years (IRC §6501(a)), I-9 retention per 8 CFR §274a.2, and HIPAA-covered records for 6 years (45 CFR §164.530(j)) where applicable.

Who can revoke or amend the terms?

Either party can request amendment, but changes require mutual written agreement. Employer-imposed unilateral changes during probation may be limited by contract terms and state employment laws.

Electronic Signature
Templates
Miscellaneous
Employment Probation Terms

Employment Probation Terms

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

EMPLOYMENT PROBATION TERMS

Agreement Date:

Employer Name: Employer Address:

Employee Name: Employee Address:

Position/Title:

WHEREAS

WHEREAS, Employer desires to engage Employee to perform duties in the capacity described above subject to a probationary period to evaluate Employee's performance, conduct and suitability for continued employment; and

WHEREAS, Employee accepts such engagement and agrees to be bound by the terms and conditions of this Agreement during the probationary period and thereafter as specified herein;

WHEREAS, the parties intend that this Agreement set forth the terms governing the probationary employment relationship including scope, compensation, review, termination rights and confidentiality obligations.

SCOPE OF WORK

The Employee shall perform duties, responsibilities and deliverables as set forth below. Employee shall report to the immediate supervisor designated by the Employer and shall devote full working time and best efforts to such duties.

Detailed Scope of Duties

PAYMENT TERMS

Employer shall pay Employee compensation for services rendered during the probationary period as set forth below. All payments are subject to required withholdings and deductions under applicable law.

Annual Salary (or hourly rate) Pay Schedule Method of Payment Late Payment Remedy

Any bonuses, commissions, or benefits described in other Employer policies remain subject to Employer's applicable plan terms and the Employer's sole discretion during the probationary period unless specifically guaranteed in writing in this Agreement.

TERM AND TERMINATION

The probationary period shall commence on and shall continue until unless earlier terminated in accordance with this Agreement.

Either party may terminate the employment relationship at any time during the probationary period with days' prior written notice, except that Employer may terminate immediately for cause as defined by Employer policy or applicable law.

Conditions for Termination or Confirmation of Employment

Extension of Probationary Period: Check to permit a single extension. If checked, additional extension period (days):

CONFIDENTIALITY

Employee acknowledges that during the course of employment Employee will have access to confidential and proprietary information of Employer. Employee agrees that, both during and after the term of employment, Employee shall not disclose, use, or permit the use of any such confidential information except as required to perform Employee's duties for Employer. Confidential information includes but is not limited to trade secrets, customer lists, pricing, business plans, and technical data.

The confidentiality obligations shall remain in effect for following termination of employment, unless superseded by a separate written agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflicts of law principles. Venue for any action arising under this Agreement shall lie exclusively in the state or federal courts located within that state.

ENTIRE AGREEMENT

This Agreement, together with any written offer letter or express written addenda signed by both parties, constitutes the entire agreement between Employer and Employee with respect to the subject matter hereof and supersedes all prior understandings, representations and agreements, whether written or oral. Any amendment or modification must be in writing and signed by both parties.

Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Employer - Print Name:

By:

Date:

Employee - Print Name:

By:

Date:

What Employment Probation Terms Cover

An Employment Probation Terms document sets the parameters for a new hire's introductory period, defining the length of probation, performance expectations, evaluation checkpoints, compensation or benefit changes contingent on passage, and conditions for termination or extension. It documents mutual obligations, clarifies review timing, and creates an auditable record for HR and managers to support consistent decision-making.

Why a Clear Probation Agreement Matters

A well-drafted Employment Probation Terms reduces ambiguity about expectations, provides objective evaluation criteria, supports defensible termination decisions, and helps align managers and new employees during onboarding while preserving compliance with applicable employment laws.

Who Prepares and Signs These Terms

Typical parties involved before, during, and after probation.

Human resources teams who prepare templates, ensure legal compliance, and retain records for audits or disputes.
Hiring managers who set role-specific performance measures, conduct reviews, and recommend extension or termination.
New employees who acknowledge expectations, sign to confirm understanding, and participate in scheduled evaluations.

These documents are useful across hiring stages and help standardize onboarding and performance measurement.

Core Elements to Include in Probation Terms

A professional Employment Probation Terms template groups essential clauses so each probationary engagement is consistent, enforceable, and easy to administer by HR and hiring managers.

Probation Period

Specify exact length (e.g., 30, 60, 90 days), start and end dates, and whether extensions are permitted, so everyone knows the review window and termination timeline.

Performance Criteria

Describe measurable goals, key performance indicators, or competencies used in evaluations; tie criteria to job duties to reduce subjectivity in assessments.

Evaluation Schedule

Define timing and format for midpoint and final reviews, who conducts them, and how results are documented to create an auditable performance trail.

Compensation Terms

Note any provisional pay, eligibility for raises or benefits after probation, and conditions that trigger payment changes to avoid payroll disputes.

Termination Conditions

List grounds for termination or extension during probation, notice requirements if any, and whether any severance or final pay rules apply under state law.

Compliance Acknowledgements

Include statements about at-will employment (where applicable), background checks, I-9 completion, and consent to electronic records and signatures for legal clarity.

Required Information to Collect

Employee Name: Full legal name

Position: Job title

Start Date: MM/DD/YYYY

Supervisor: Direct manager

Probation Length: Number of days

Evaluation Metrics: Defined KPIs

Step-by-Step: Completing and Executing Probation Terms

Follow these steps to prepare, sign, and store probation terms so reviews are timely and records are complete.

01

Prepare Document: Populate template with role, dates, and metrics.
02

Review Internally: HR and hiring manager confirm terms and legal language.
03

Obtain Signatures: Employee and authorized manager sign electronically or in writing.
04

Store Record: Save final PDF in secure HR file with audit trail.

Customizing an Online Probation Workflow

Configure your digital workflow to automate routing, reminders, and secure storage for all probation agreements.

Field	Configuration
Authentication	Email link or SMS code
Template Reuse	Save as reusable template
Conditional Fields	Show fields based on role
Reminders	Auto-notify 7 days before review

Digital Delivery and Format Considerations

Choose a platform that supports secure e-signing, common file formats, and your integration needs.

File Formats: PDF and DOCX supported
Integrations: Salesforce, NetSuite, Google Workspace
Authentication: Email, SMS, or stronger 2FA

Ensure the platform you use captures an audit trail (timestamp, IP, signer email) and stores signed PDFs in a secure HR repository to meet retention and audit requirements.

Typical Routing: From Draft to Signed Record

A common signing flow keeps responsibilities clear and preserves evidence of consent and review.

Draft Template: HR prepares the probation terms template.
Assign Signers: Add employee and manager emails.
Signer Authentication: Signer verifies identity and reviews terms.
Completion: Signed PDF and audit trail are archived.

Key Dates and Deadlines to Track

Track critical dates so reviews and compliance tasks occur on schedule and records are complete.

Effective Date:

Probation starts; use MM/DD/YYYY.

Midpoint Review:

Schedule at halfway point of probation.

Final Evaluation:

Conduct on last probation day.

Extension Deadline:

Set a cut-off for formal extension approvals.

Termination Notice:

Follow state notice requirements, if applicable.

Common Preparation Mistakes to Avoid

Vague criteria that leave managers to apply inconsistent standards across similar roles, increasing legal risk.
Missing or incorrect effective dates that create confusion for payroll, benefits eligibility, and statutory timelines.
Incomplete signatory blocks or unsigned pages that weaken enforceability and create proof-of-consent gaps.
Failing to record evaluations or retain signed copies, which hampers defense against wrongful termination claims.

Consequences of Errors or Noncompliance

Wrongful Termination Risk: Higher exposure to litigation

Payroll Issues: Incorrect pay or benefit disputes

Audit Deficiencies: Missing evidence of review

I-9 Noncompliance: Civil penalties possible

Record Retention Failures: Regulatory fines or sanctions

Reputational Harm: Employee morale and trust decline

Who Can Sign and When

HR Manager

Human Resources Manager — Typically prepares and approves the probation terms template, confirms legal language, and executes on behalf of the employer. HR retains the signed record and coordinates reviews and storage in the personnel file.

Employee

New Hire — Signs to acknowledge receipt and understanding of probation expectations. Employee signature documents consent to evaluations, any contingent compensation changes, and acceptance of electronic record retention where applicable.

Comparing eSignature Options for Probation Terms

Basic pricing and feature availability across common eSignature vendors; signNow is listed first per comparison format and feature rows include starting price, trial availability, bulk send, audit trail, HIPAA compliance, and envelope limits.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions About Probation Terms

Answers to common operational and legal questions when preparing, signing, or storing Employment Probation Terms.

Need help? Contact support

Can these terms be signed electronically?
Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and by UETA where adopted, provided the signing process demonstrates intent, consent, signer attribution, and secure record retention.
Do I need a notary or witness?
Typically no for probation agreements; notarization or witness requirements are uncommon for employment forms. Check state rules if you plan to attach documents that do require notarization or witnesses.
How should I correct a mistake after signing?
Prepare an amendment signed by all parties or reissue a corrected agreement and have all parties sign again. Keep both versions and document the reason for the change for audit purposes.
What if the employee's signed name differs from ID?
Resolve discrepancies before finalizing payroll or background checks. Name mismatches can delay verification; require a corrected signature or add a signed acknowledgment matching legal name.
How long must I keep signed probation records?
Retain signed records per applicable rules: IRS generally 3 years (IRC §6501(a)), I-9 retention per 8 CFR §274a.2, and HIPAA-covered records for 6 years (45 CFR §164.530(j)) where applicable.
Who can revoke or amend the terms?
Either party can request amendment, but changes require mutual written agreement. Employer-imposed unilateral changes during probation may be limited by contract terms and state employment laws.

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