Why Your FTO Program Needs Paper (Not Just Good Intentions)
Ken Wogan
You’ve worked through 90 days of probation with a paramedic. The FTO says the hire isn’t ready. You decide to let them go.
The paramedic’s response: “This isn’t fair. I was never told I was underperforming. Nobody gave me a clear timeline for improvement. I wasn’t trained properly.”
Now you have a termination being challenged. And what you thought was solid—three months of working together—suddenly feels uncertain.
The difference between a defensible probationary termination and one you can’t defend is documentation. Not good intentions. Not positive relationships. Documentation.
What Documentation Actually Protects You
When you terminate someone during probation, they can contest it. Depending on your state, the standards vary, but generally, you need to show that you:
- Gave clear expectations about what competency looks like
- Provided training to meet those expectations
- Gave opportunities to improve if performance fell short
- Documented performance issues clearly and consistently
- Made a fair evaluation based on documented data
Without that paper trail, you’re arguing “they just weren’t ready” and they’re arguing “I was never trained properly.” Guess who wins.
The Documentation That Counts
Here’s what actually holds up in a termination challenge:
A documented job description. This isn’t a formal HR document. It’s a simple written statement: “During probation, a paramedic is expected to: independently assess patients, correctly apply BLS and ALS protocols, document findings accurately, communicate with medical direction appropriately, function as a team member.”
This is baseline stuff. But it needs to be written.
Documented expectations from the FTO. At the beginning of probation, the FTO meets with the new hire and reviews what competency looks like. This is documented: “On [date], reviewed probation expectations with [new hire]. Covered patient assessment, protocol compliance, documentation standards.”
This creates a record that the hire knew what was expected.
Daily observation records that are specific. Not “good job today” but “Appropriately assessed chest pain patient on Call #527, including vital signs, EKG, history of present illness. Applied cardiac protocol correctly. Documentation was complete.”
And when there’s a gap: “Documentation on pediatric call was incomplete—did not note mechanism of injury or caregiver contact. Discussed protocol; hire acknowledged and committed to improved focus on documentation.”
Monthly evaluation meetings. Not just at the end of probation. At 30 days, 60 days, and 90 days, the FTO and new hire meet. The FTO reviews performance. They discuss progress. They address areas that need improvement. This is documented.
“At 60-day evaluation, hire showed appropriate assessment skills and protocol compliance. Area for improvement: documentation completeness and timeliness. Reviewed standards. Hire committed to improvement.”
A final evaluation. At 90 days, you make a formal assessment: met probation standards or did not.
If it’s “did not,” that determination should be based on the documented record. And you should have already communicated concerns. A final “did not meet standards” should be no surprise if you’ve been documenting throughout.
What Vague Documentation Looks Like (And Why It Fails)
A probationary file with weak documentation includes:
- Handwritten DORs that are barely legible
- Comments like “okay” or “needs improvement” without specifics
- No record of training content or skill demonstrations
- No documented conversations about performance issues
- No evaluation meetings at 30 and 60 days
- A final determination that comes as a surprise to the new hire
This looks like you made an emotional decision at the end, not a data-driven one.
When the terminated paramedic’s attorney reviews this file, they’ll argue: “My client was never told they were underperforming. The documentation is vague and inconsistent. There’s no clear record of what was expected or what training was provided.”
And your documentation won’t support a clear defense.
Why Specificity Matters
Consider two scenarios:
Weak: “Assessment skills need improvement.”
Strong: “On call #15, patient was a 67-year-old with chest pain. Hire obtained vital signs correctly and applied 12-lead appropriately. However, history of present illness was rushed and incomplete—missed asking about radiation, did not inquire about prior similar episodes, did not clarify onset. This is critical in chest pain assessment. Discussed with hire; we reviewed history-taking technique and prioritized completeness on subsequent calls.”
The weak version is easy for an attorney to attack: “What does ‘assessment skills need improvement’ even mean? Why wasn’t my client given specific feedback?”
The strong version creates a record of: specific deficiency, why it matters, what was discussed, what improvement is expected.
If the paramedic doesn’t improve, you have documented evidence that you gave specific, actionable feedback and the hire didn’t respond.
The Cost of Skipping Documentation
If you terminate someone during probation without strong documentation, here’s what can happen:
Scenario 1: They sue. You’re defending a wrongful termination claim. Your documentation is weak. Your case is defensible but not airtight. You settle to avoid trial. Legal costs, settlement costs.
Scenario 2: They ask for reinstatement through a union grievance or legal process. Without solid documentation, you might lose and have to pay them back wages.
Scenario 3: They apply for unemployment. Without documentation showing they didn’t meet performance standards, they might get approved. You contest it, but your documentation is weak.
All of these are expensive. None of them happen if your probationary documentation is solid.
Building a Documentation System
If your current FTO program documents informally, rebuild it with a system:
Get a DOR form. Design a simple one-page form for FTOs to complete daily (or at the end of shifts). Include: date, calls handled, specific observations of strengths, specific areas for improvement, FTO signature, trainee signature (acknowledging they saw the evaluation).
Make it a real document. This isn’t a casual note. It’s a formal record that goes in the trainee’s file. Both the FTO and trainee sign and date it.
Establish meeting cadence. Schedule formal evaluation meetings at 30, 60, and 90 days. Document what was discussed.
Make expectations explicit. Create a one-page document outlining what competency looks like for a paramedic in your service.
Train the FTOs. Make sure they understand that DORs are legal documents. They need to be specific, factual, and professional.
Review the file monthly. As the supervisory leader, review what’s being documented. Is it specific enough? Is it consistent? Are concerning patterns being documented?
The Probationary Advantage
Here’s what’s often missed: probation is your legal advantage. An at-will employee can usually be terminated for any reason. A probationary employee has even fewer protections—you can terminate them if they don’t meet the probationary standards you set.
But you have to have set those standards and documented that they weren’t met. That’s the requirement.
A paramedic with two years of previous experience and strong references might be harder to terminate post-probation without rock-solid performance documentation. But during probation? You have latitude, as long as you can show clear expectations and clear failure to meet them.
Document it. Use that advantage. Catch problems early.
The Bottom Line
Probationary terminations are defendable only when they’re documented. Not remembered. Not intended. Documented. Clear expectations, specific observations, consistent feedback, and a final determination based on the record.
Build a documentation system and make your FTOs use it. That’s what separates a clean termination from a prolonged legal challenge.
Ryan Wogan Wogan Solutions