New Hire Doesn’t Fit? Here Are Your Legal Options as an Employer
What to do when there’s a mismatch with a new employee
You’ve hired someone new, but it quickly becomes clear that the collaboration isn’t working. There’s friction, miscommunication, or simply no connection. This situation is more common than you might think. So what are your options if the employee turns out to be a poor fit? And when is dismissal legally justifiable? Here's what every employer should know.
Make smart use of the probation period
The probation period is designed precisely for situations like this. If you notice within this trial phase that the match isn’t right, you can terminate the employment immediately and without notice. However, the probation must be agreed upon in writing beforehand, and not all contracts may include one. If the mismatch becomes apparent early on, this is the safest and easiest time to part ways.
Let a temporary contract expire
If the probation period has passed but the employee is on a fixed-term contract, you can simply choose not to renew it. In that case, the employment ends automatically on the agreed end date. Be sure to clearly communicate expectations for the remaining period of the contract.
Consider suspension from work in serious cases
If the situation becomes tense or disruptive, you may suspend the employee temporarily until the contract ends or a termination process concludes. Be aware: wages must still be paid during this period. Suspension is a serious step that must be well substantiated. An employee may also challenge the suspension in court if they believe it is unjustified.
Termination through the courts
When working together becomes structurally impossible and efforts at improvement fail, the employer may ask the sub district court to dissolve the employment contract. This applies to both fixed-term and permanent contracts, though a fixed-term contract must include a clause allowing early termination. You must demonstrate that there’s a fundamental mismatch that prevents continued cooperation. Often, this leads to a termination agreement signed by both parties.
What qualifies as a legitimate mismatch?
Not every disagreement is grounds for dismissal. Several factors may determine whether termination is justified:
Did the mismatch arise soon after onboarding, or only later?
Does the employee hold a sensitive or leadership role that relies heavily on trust?
Do co-workers also report problems with the collaboration?
Has the employee acknowledged the issues or refused to improve?
Is the situation especially disruptive in a small organization?
Has the conflict resulted in illness or burnout?
Act quickly and carefully
The earlier you act, the better. Waiting too long often makes legal justification more difficult. Immediate action also allows more time to explore a solution—whether that means internal reassignment, a fixed-term end, or mutual termination.
Conclusion
Discovering that a new hire isn’t a good match is disappointing, but it doesn’t have to become a legal problem. With a clear plan, timely decisions, and professional guidance, you can resolve the situation lawfully and respectfully. Every employer should be prepared for this possibility with clear HR policies and procedures.
This blog was written by Mr. Stijn Blom
Employment law attorney at expatlawyer.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight agreements and regulations – with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn’s page.
Arbeidsadvocaat.nl is happy to think along with you if you have questions about the topic of your VSO. Feel free to get in touch.
June 2025