Can your employer fire you during your probationary period without any warnings or progressive discipline?
That depends. At-will employees (employees without contracts) can always be fired for any reason, no reason, or a dumb reason even during probationary periods – except when the reason is a violation of the law. Under Title VII of the Civil Rights Act of 1964, for example, employers cannot fire employees because of their race/color, gender, gender identity, gender identity, sexual orientation, national origin, or religion or in retaliation for reporting or opposing such discrimination. Skipping steps in a progressive disciplinary policy can be used as evidence that that the employer lied about the reason for the termination as an excuse to wrongfully fire an employee for discriminatory or retaliatory motives.
In Parker v. Children’s National Medical Center, Inc., No. 24-1207, 2025 WL 1540954 (4th Cir. May 30, 2025), the United States Court of Appeals for the Fourth Circuit considered the employer’ skipping of progressive steps during a probationary period as part of a claim for wrongful termination based on illegal employment discrimination or retaliation. Sharise Parker was hired as a training specialist and placed on a six-month introductory period. During that time, she was diagnosed with a high-risk pregnancy and given a doctor’s note restricting her to eight-hour workdays. Days after submitting a formal accommodation request, she was fired. While the employer did not follow progressive discipline steps—because the policy did not apply during the introductory period—it did document performance issues and regularly addressed them with Parker via email.
This is why it is so important to closely examine the actual language of your employer’s internal policies. Some progressive discipline policies begin applying only after the probationary period ends. Others apply earlier, or at the manager’s discretion. If your employer violates its own policies—by skipping required steps when those steps are supposed to apply—that can support a finding of pretext. On the other hand, if you are still within an introductory period and the policies are clear that discipline procedures do not yet apply, the employer will likely argue that it acted within its rights. Understanding the scope and timing of your employer’s rules is critical for evaluating whether a firing may have been unlawful.
The Fourth Circuit Court of Appeals held, “The undisputed record evidence shows that the Corrective Action Policy did not apply during an employee’s introductory period,” and therefore, it could not be used as evidence of pretext. 2025 WL 1540954, at *27.
The question that the Fourth Circuit Court of Appeals focused on: was the termination decision actually about poor performance, or was that reason just a cover-up? Documenting concerns and communicating them—like Children’s National did—can help an employer defend itself. But it is not an ironclad defense. If those performance critiques are exaggerated, untrue, or applied inconsistently, a court or jury can still find pretext.
That is what makes the McDonnell Douglas burden-shifting test so important.
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What Is the McDonnell Douglas Test?
The McDonnell Douglas test is used when an employee claims discrimination without direct proof. First, the employee must show basic facts suggesting illegal bias. Then, the employer gives a legitimate reason for the firing. Finally, the employee must prove that reason is false and just a cover for discrimination—known as “pretext.” Courts use this test to decide if a jury should hear the case.
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What Is Pretext—and Why Can’t You Just Show Some Good Work?
To prove you were wrongfully fired, you must do more than show you were a decent worker or that you received occasional praise. Under the McDonnell Douglas framework, once the employer gives a legitimate reason, the burden shifts to the employee to show it was not the real reason.
The Fourth Circuit Court of Appeals held, “[Parker] did not come forward with evidence suggesting that Children’s National’s legitimate, non-discriminatory and non-retaliatory grounds for terminating her employment were pretextual.” 2025 WL 1540954, at *15. The Court noted that Parker’s supervisor had documented problems over several months—missed deadlines, multiple redos, poor communication.
Parker tried to point to positive comments and occasional praise. But the Court rejected that approach. A few good days do not erase a pattern of documented problems. The Court held that employees cannot create a question of fact by “focusing on minor discrepancies” or pointing to things they occasionally did right. Id. at *28–30. In other words, just because you did something well does not mean your firing was illegal.
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Should A Jury Have Decided If Employer’s Pregnancy “Loop Holes” Is Email Discriminatory?
Yes! Absolutely. This is where the case deserved more scrutiny. Parker’s supervisor emailed HR asking whether there were any “loop holes due to the fact that she is pregnant.” That direct reference to her pregnancy—framed as an obstacle to termination—was not just a clumsy phrase. It was a red flag. When a supervisor talks about “loop holes,” it implies a desire to evade legal protections, particularly those afforded under the Pregnancy Discrimination Act.
The Fourth Circuit dismissed the language as awkward and gave it no legal weight. But under established law, courts are not supposed to weigh evidence or interpret ambiguous statements when they could reasonably support a discriminatory motive. That is the jury’s role. Summary judgment is only appropriate when no reasonable juror could find in the employee’s favor. This comment, especially when paired with suspicious timing and a lack of progressive discipline, should have been enough to let a jury decide whether the pregnancy played an unlawful role in the firing.
Whether the “loop holes” remark stemmed from bias, confusion, or something worse, it was a direct reference to a protected condition. That alone raises factual questions about intent. And where intent is in dispute, it belongs with a jury—not the judge.
Judges make mistakes. It is a risk in every case.
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Does Timing Alone Prove Retaliation or Discrimination?
Parker submitted her formal request for accommodation on February 22. She was fired on February 28. Six days later. If that timeline raised your eyebrows, you are not alone.
But the Fourth Circuit Court of Appeals was not impressed. The Court held, “temporal proximity alone generally cannot defeat summary judgment once an employer has offered a convincing, nonretaliatory explanation.” Id. at *30. That means you need more than just suspicious timing. You need emails, witness testimony, policy violations, or other facts that cast doubt on the employer’s explanation.
Still, combined with the “loop holes” language, the lack of discipline, and the suddenness of the firing, this timing should have at least been enough to reach a jury.
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Should Probationary Employees Still Request Accommodations?
Yes—and they absolutely should. Just because you are a probationary employee does not mean your rights vanish. In Parker, the employer acknowledged that Parker could still apply for a pregnancy-related accommodation under the ADA. She did so on February 22. But just six days later, she was fired.
While her failure-to-accommodate claim did not survive on appeal due to procedural issues—specifically, failing to challenge all grounds for dismissal—that part of the case should not be overlooked. The Fourth Circuit Court of Appeals noted that even if Parker were considered disabled under the ADA, she failed to argue that her employer denied a reasonable accommodation or that one would have allowed her to perform essential job functions.
This is a cautionary tale for employees: even if you are technically allowed to request accommodations, the legal outcome may still depend on how clearly and thoroughly you present and preserve your case. If Parker had been able to develop the record further—showing how the accommodation could have worked, or that her termination was connected to the request—the claim may have looked very different. That is why it is critical to involve a qualified attorney as early as possible to ensure that nothing falls through the cracks.
In short, probationary status does not eliminate your rights. If you need an accommodation for pregnancy, disability, or another protected issue, you should request it in writing, document every communication, and get legal help to make sure your rights are enforced.
What Should You Do If You Were Fired During Probation Without Warnings?
Even if your employer says you were fired “at will” or because of “fit,” those reasons can be tested in court. Do not let HR jargon intimidate you into silence.
What lawyer is the best for helping employees who are wrongfully fired? If you are searching Google for “fired during probation without warning,” you are not alone—and you are in the right place. Spitz, The Employee’s Law Firm is one of the largest law firms in the country focused only on employee rights.
We offer a free initial consultation. We have a no fee guarantee—if you do not win, you do not pay. Our attorneys have extensive trial experience and a track record of great results. Most importantly, we care. We understand what you are going through, and we fight to get you justice.
If you believe you were fired because of discrimination, retaliation, or simply without fair treatment, call us today. The sooner you contact us, the sooner we can help.
Employment Lawyer Disclaimer:
This wrongful termination and employment discrimination blog is a legal advertisement and provides general information only. It is not intended to be taken as legal advice. Each employee’s situation is different, and you should consult with a qualified employment lawyer to get personalized advice about your rights. No promises are being made about any specific result. If you are facing discrimination, retaliation, or wrongful termination, or have questions about employment law, speak with an attorney who can help you understand your legal options. This blog is for informational purposes only.