Probation in Ontario: Can Your Employer Fire You in the First 90 Days?
Many Ontario employees believe an employer can fire them at will during a probation period. The ESA does not require notice for the first three months — but...
Frequently Asked Questions
Can my employer fire me at will during probation?
Not exactly. The ESA does not require notice for the first three months, but common law may still require reasonable notice unless your contract clearly limits your rights during probation. The employer must also act in good faith and base the decision on a genuine assessment of suitability.
How long can a probation period be in Ontario?
There is no statutory maximum. Probation periods of 3 to 6 months are most common. However, once you have been employed for 3 months, the ESA requires at least one week of notice or pay in lieu of notice on termination, regardless of whether you are still on probation.
Can my probation be extended?
Only if the contract allows it or you agree. A unilateral extension without contractual authority or consent may not be enforceable. And once you pass 3 months, ESA notice requirements apply regardless.
I was fired after 6 weeks. Do I have any rights?
Possibly. While the ESA does not require notice for the first 3 months, you may be entitled to common-law reasonable notice if your contract does not clearly limit your rights during probation. In one Ontario case, an employee dismissed after about 6 weeks was awarded 4 months of notice.
Contact Legal Assist
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