FIRED DURING THE PROBATION PERIOD
Your employer can terminate you during the probationary period and not be obliged to provide you with any compensation.
However, there are a few things to consider;
- Was the employee informed their would be a probationary period;
- Did the employee accept these terms?
Keep in mind that in Ontario the Employment Standards Act., mentions the three month period as being an implied probationary period. In simple terms, your employer can fire you during this period and pay nothing.
However, there is a big BUT here. If the employer has acted in a highhanded manner, in bad faith or has committed an offence pursuant to the Human Rights Code. The employee has the potential to challenge the employer.
HUMAN RIGHTS AND PROBATION
If the employee was fired for anything related to the Human Rights Code of Ontario the employee may exercise their rights at the Human Rights Tribunal. Common issues that arise could be religion, disability or age to name just a few.
If you feel you have been fired during the probationary period and it was based on a Human Rights violation. Contact my office immediately for a consultation.
I NEED A HUMAN RIGHTS LAWYER
If you need to speak with a lawyer call my office today.
