New employee not a good fit? Here are your options as an employer

You’ve just hired a new employee, but it soon becomes clear that things aren’t clicking. Collaboration is strained, friction arises, and you start to get the feeling that there’s a mismatch. In practice, this happens more often than you might think. As an employer, how can you handle this situation carefully and in compliance with the law? And to what extent is termination an option? In this blog, we’ll discuss the most important points to consider.

Use the probationary period wisely

The probationary period is intended to allow for quick action if it becomes clear that the working relationship isn’t working out. During this period, as an employer, you may terminate the employment contract immediately, without notice. However, the probationary period must be specified in writing in advance, and not every type of contract can simply include a probationary period. If it becomes clear within the first few weeks that there is no good fit, that is the ideal time to part ways.

Non-renewal of a temporary contract

Has the probationary period already ended, but is the contract still a fixed-term contract? In that case, you can simply choose not to renew the contract. The employment contract will then automatically terminate on the agreed-upon end date. In that case, make clear arrangements regarding the remaining work period until the end of the employment relationship.

Temporarily Exempting an Employee from Work

In cases of serious conflict, you may choose to temporarily exempt the employee from work, for example, until the contract expires or for the duration of a termination process. Please note: wages must continue to be paid during this period as well. In addition, suspension from work is a serious measure that must be well-founded. Furthermore, an employee can seek a court order to have the suspension lifted if it is found to be unjustified.

Termination of the employment contract through the courts

If the working relationship is structurally unworkable and the situation escalates, you can file a petition with the subdistrict court to terminate the employment contract. This applies to both temporary and permanent contracts, although temporary contracts must include a provision allowing for early termination. As an employer, you must demonstrate that there is a clear mismatch that makes it impossible to continue the working relationship. In some cases, this leads to termination by mutual agreement through a settlement agreement.

When is a mismatch considered justified?

Not every conflict that arises in a collaborative setting is an immediate grounds for termination. The context is decisive. Factors to consider include:

Was the mismatch identified shortly after the employee started work, or only after a longer period of time?
Does the employee hold a position in which trust is crucial, such as a managerial or executive role?
Do your coworkers also feel that the collaboration isn’t going well?
Does the employee also have doubts about mutual expectations, or is he or she simply not cooperating in making improvements?
How serious is the conflict, and what is the atmosphere like within the organization? In a small organization, personal relationships often carry more weight.
Is the absence due to illness related to the labor dispute?

Acting quickly and carefully is essential

It’s important to take immediate action as soon as you realize that things aren’t working out with a new employee. The longer you wait, the harder it becomes to build a legally sound case. Acting quickly prevents the situation from escalating and leaves more room for a solution, with or without court intervention.

Conclusion

A new employee who turns out not to be a good fit is frustrating for everyone involved. However, there are plenty of legal options available to employers to handle this situation carefully. By taking the right steps at the right time, you can prevent unnecessary damage and create room for a constructive solution. A well-prepared policy for these types of situations is not an unnecessary luxury.

This blog was written by Stijn Blom, Esq., an employment law attorney at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists employers and employees on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight contracts and policies—with his practical and personalized approach, he helps employers and employees move forward. Want to learn more? Visit Stijn’s page.

Arbeidsadvocaat.nl is happy to help you if you have any questions about a gap year or unpaid leave. Please feel free to contact us .

April 2025