Fired During Probation in Ontario: Rights and Severance
Being fired during probation in Ontario does not automatically mean you have no rights. Your contract, ESA minimums, and whether probation was validly defined all affect notice and severance.
This article is general information for Ontario employees. It is not legal advice about your situation.
Key Takeaways
- Probation clauses in contracts
- ESA rights during early employment
- When probation terminations are disputed
Probation clauses in contracts
Employers must clearly define probation and any notice limits. Vague language may not reduce entitlements as much as the employer claims.
ESA rights during early employment
ESA notice scales with service length. Even short service can trigger minimums. Common law may apply if probation limits are unenforceable.
When probation terminations are disputed
If you were misled about job security or terminated for discriminatory reasons, other remedies may exist. Contact Milton Legal Group.
Frequently asked questions
Common questions related to this topic.
Can I get severance after three months?
Possibly under the ESA or common law depending on your contract and role.
Does probation mean fired for cause?
Not automatically. Cause still must be proven for cause terminations.
Should I sign a release during probation?
Review it first. Low offers are common early in employment.
What if probation was never mentioned until termination?
That weakens the employer’s position on reduced notice.
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General information for Ontario employees only. Not legal advice. ESA figures are statutory minimums; common law notice may differ. Your employment contract, union agreement, or role may change what you are owed. Confirm your situation with a lawyer before signing anything.