Hi, How Can We Help You?

Can I Claim Unfair Dismissal During My Probation Period?

If you have recently been let go from your place of employment during your probation period, you may be wondering if there is anything you can do to dispute the dismissal. Though in many cases, it may be within your employer’s rights to dismiss you during this period, there may be circumstances that allow for you to challenge the dismissal or receive compensation for your dismissal. In this article, we will help you to understand what you need to know about probation periods and whether you can claim unfair dismissal during this time.

It is important to act soon after your dismissal. If you have concerns about your termination during a probation period. Reach out to a dismissal lawyer like the experts at Soni Law Firm. We are dedicated to ensuring you understand and protect your rights as an employee.

What Is a Probation Period?

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.

Misconceptions About Probation Periods

Many employees are unaware that unless their new employment status does not automatically come with a probation period attached to it. This means, that unless an employee agreed to their probation period at the time of signing their employment contract, the early months of their employment are not automatically considered probation. In this case, employers would be required to give the employee adequate notice or compensation in lieu of notice upon termination of employment.

Many employers choose to include a probationary period in their employment contracts. Often the length of time chosen in Ontario is three months, as this is the statutory probation period. In some cases, an employer may choose to extend a probationary period. Though an employer may say that a probation period is six months, the employee would still be entitled to adequate notice or compensation if their employment was terminated during this time. An employer stating that the probationary period is longer than three months does not override the statutory probation period set by the province of Ontario.

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

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.

Can I Claim Unfair Dismissal During My Probation Period?

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.

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

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 employment lawyer to ensure you protect your rights as an employee.

Share Post

About Post Author


Rahul founded Soni Law Firm, a boutique employment, labour, and human rights law firm, with the goal of taking his Downtown Toronto litigation experience and making it accessible to Ontario’s Main Street employees and employers.