Question 1

What Is a Probation Period?

Accepted Answer

When you first enter employment with a new employer, you may have been made aware of a probation period. This period should be detailed in your employment contract and is the time set out by an employer to determine if you are a good fit. During this time, an employer may terminate your employment without providing notice or pay in lieu of notice. In most cases, this period of time is three months, and this must be writing in your employment contract to be valid. As an employee, you agree to the probationary period when you sign your employment contract and begin employment.

Question 2

Do I Need to Sign an Employment Contract with a Probation Period Longer Than Three Months?

Accepted Answer

If your employer is asking you to sign an employment contract that is longer than the statutory period set out by your province, you do not have to panic or be concerned that you can be terminated late into employment without notice. Some employers choose to lengthen probationary periods for various reasons. If you choose to accept employment from an employer, you are agreeing to the terms of the employment contract. If the agreed-upon probationary period is longer than three months, the employer must provide the minimum standards of notice or compensation upon termination of employment. This should also be detailed in the employment contract. No one can force you to sign an employment contract and you may wish to negotiate the terms of your contract. If you choose not to sign an employment contract you are accepting that you will not accept employment from the potential employer.

Question 3

Can I Claim Unfair Dismissal During My Probation Period?

Accepted Answer

If you have recently been dismissed from your place of employment within your probation period, you may be wondering if there is any way to challenge this decision. In many cases, the agreed-upon probation period will be upheld and your employer would be within their rights to dismiss you if they felt you were unsuitable for the position. An employer should ensure that an employee understands their role and is given the proper training to succeed and should be given the opportunity to improve upon shortcomings before dismissal. If you feel that you were treated unfairly or the circumstances surrounding your dismissal were improper, consider reaching out to a qualified unjust dismissal lawyer to discuss your concerns.

Question 4

What Should I Do If I Feel I Have Been Wrongfully Dismissed?

Accepted Answer

If you have been dismissed from your employment at any time in your employment without notice, it is a good idea to contact a wrongful dismissal lawyer. If you have been dismissed without adequate notice or pay in lieu of notice you may be entitled to compensation. Consider reaching out to a qualified and experienced lawyer to ensure you protect your rights as an employee.

Monthly Archives: March 24, 2021

Can I Claim Unfair Dismissal During My Probation Period?

Severance Pay Calculator: Understanding Severance Pay in Ontario

Severance Pay Calculator

How Much is Severance Pay in Ontario?