When starting a new job, most Ontarians don’t think twice about having to complete a probation period.
The reality is that your employer might not have the ability to legally enforce this requirement—violating your rights.
READ MORE: Probation periods in Canada: Debunking the top 5 myths
If you’ve been asked to complete a probation period, remain calm. Here are three key rights that non-unionized employees in the province need to be aware of.
1. Probation periods aren’t automatic in Ontario
Contrary to popular belief, probation isn’t the default setting when Ontarians start a new job.
If the employment contract you signed doesn’t contain a valid probation clause, you’re a “regular employee”—meaning you could be owed severance pay in the event the company cuts you loose.
It’s also important to note that your human rights automatically kick in when you begin a new role in Ontario.
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If you’re fired or let go during probation, and believe the reasons were discriminatory, contact an experienced employment lawyer at Samfiru Tumarkin LLP. We can review your situation, assess your legal options and help you secure the compensation you deserve.
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2. You’re entitled to severance pay after three months of probation
While it’s not unusual for Ontarians to remain on probation for more than three months, this milestone is significant because you’re officially protected by the province’s Employment Standards Act and common law.
Unless your employer can justify terminating you “for cause” after the three-month mark, you must be provided with working notice or severance pay.
If you’re let go without either during probation, your best course of action is to keep your cool and reach out to my firm. Getting angry or doing something to hurt the company could put your right to compensation at risk.
READ MORE: Employer refuses to provide severance pay in Ontario? 3 things you must do
3. Probation extensions don’t affect your severance entitlements
After more than 20 years of helping non-unionized employees in Ontario, it’s always frustrating when a company tries to use a probation extension to get out of their severance obligations.
One of my clients, a sales associate in Toronto, was devastated when this happened to him shortly after three months of employment.
The individual received an email from his manager—informing him that his probation was being extended by another month so the company could “properly examine outstanding skills.”
Enjoying his job, the sales associate thanked his boss for the update and said he was “totally fine” with the extension.
However, as he prepared to head to the office the following day, he got a phone call from his manager—notifying him that he was being let go, effective immediately.
After taking a moment to collect himself, the sales associate asked his boss when he should expect his severance offer to arrive. To his surprise, he was told that the probation extension “nullified” his right to compensation.
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Certain that he’d been wrongfully dismissed, the sales associate printed off a copy of his email conversation with his manager and contacted Samfiru Tumarkin LLP.
Given the strength of my client’s case, I was able to secure every cent of severance pay he was owed without getting the courts involved.
Fired during probation? Employer refuses to provide a severance package?
Contact the firm or call 1-855-821-5900 for a consultation with an employment lawyer. Get the advice you need and the compensation you deserve.
Lior Samfiru is an employment lawyer and co-founding partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. He provides legal insight on Canada’s only Employment Law Show on TV and radio.