About three months after receiving the job offer and excitedly starting work, my heart drops when my manager suddenly says, "Can we talk for a moment?"

The first 90 days in a U.S. workplace are marked by a particularly quiet tension. You may have heard stories about people getting "laid off during their probation period" at least once.

However, this probation period is quite different from what we might think.

First, it's important to clarify that U.S. labor law does not recognize a legal status called "90-day probation period."

The 30, 60, or 90-day timelines are concepts set by companies for internal personnel management, not a grace period established by federal law.

Under the at-will employment principle adopted by most states, even after the probation period ends, a company can terminate employment at any time for a legitimate reason.

Many people misunderstand this in the opposite direction. Discrimination based on race, gender, religion, disability, or age applies from the very first hour of employment.

There is no provision for a "probation period exception" in the protections enforced by the EEOC. The idea that you can't say anything during the probation period is simply not true.

Let's look at the market atmosphere. According to the JOLTS data from the Bureau of Labor Statistics, as of July 2026, there were 1.7 million layoffs and terminations, which is a rate of 1.0 percent.

In the same month, there were 5.1 million hires, 3.1 million voluntary resignations, and 7.3 million job openings.

This indicates a market where the number of hires is about three times greater than the number of layoffs. Rather than saying, "Everyone is getting laid off these days," it's more accurate to say that there are specific reasons for those who do get laid off.

So what are those reasons? A frequently cited study by Leadership IQ examined over 20,000 new hires and 1,400 HR professionals, and the results are somewhat painful.

46 percent of new hires were classified as failures within 18 months, while clear success cases accounted for only 19 percent.

What's even more surprising is the composition of the reasons for failure. Only 11 percent were due to a lack of technical skills, while the remaining 89 percent were related to attitude.

Specifically, the most common reason was an inability to accept feedback, accounting for 26 percent. Poor emotional management was 23 percent, lack of motivation was 17 percent, and a mismatch in temperament for the job was 15 percent.

While I thought people were getting laid off due to a lack of English or skills, the numbers point to a completely different direction.

The phrase "unable to accept feedback" doesn't only refer to overt defiance. It also includes situations where someone's expression hardens when receiving criticism, makes excuses, or says they understand but repeats the same mistake the following week.

In the same study, 82 percent of hiring managers reported that they had already seen warning signs during the interview. This means they hired despite knowing, so the company doesn't have much to say either.

In fact, the company's responsibility is not small. A Gallup survey found that only 12 percent of employees strongly agreed that their company does a good job with onboarding.

This suggests that many companies evaluate employees after 90 days without properly communicating expectations.

Thus, it becomes clear what needs to be done in the first two weeks. Ask your manager directly, "What specific things need to be demonstrated to receive a positive evaluation at the 90-day mark?"

It's also a good idea to summarize that answer in an email and get confirmation. That record can be relied upon if the evaluation criteria subtly change later.

There are practical matters to consider as well. Under ACA regulations, health insurance cannot require a waiting period longer than 90 days for eligible employees.

However, a company can have a maximum one-month orientation period, so the actual start date may be delayed from the date of hire. It's better to confirm the start date accurately when receiving the offer.

Unemployment benefits are a bit complicated. Most states look at the wages from the first four of the last five completed quarters before the application date.

In Virginia, you must have wages in at least two of those quarters, and the total must be more than 1.5 times the highest quarter's wages.

This means that even if you worked for two months at a new job and were laid off, you may still qualify if your previous job's wages are counted in the base period.

The reason for termination is also important. Performance issues or organizational restructuring may allow for benefits, but if classified as misconduct for intentional rule violations, it will be denied.

Voluntarily quitting is the most disadvantageous situation. Generally, voluntary resignations are difficult to receive benefits unless the company's fault is recognized as a valid reason.

For reference, as of July 5, 2026, the minimum weekly benefit for new applications in Virginia is $160, and the maximum is $478.

According to the Bureau of Labor Statistics, the median tenure of U.S. workers was 3.9 years as of January 2024, the shortest since 2002.

The concept of a lifetime job has long since disappeared from the statistics.

If it were me, I would focus more on having a receptive attitude towards feedback rather than trying to prove my skills in the first 90 days. The numbers point in that direction.

When receiving unpleasant criticism, just saying, "Thank you for letting me know" and walking away can go a surprisingly long way.