Probation Period in BC: Employee Rights and Severance Pay

Fired during probation in BC? You may still be owed severance pay. Your employer can’t automatically avoid paying you simply because you’re new to the job or your contract mentions a probation period.

Even if you’ve worked for less than three months, you could be entitled to compensation. After three months, minimum termination pay normally applies, and your full severance could be much higher.

Reviewed by: Lior Samfiru, Employment Lawyer and National Co-Managing Partner

On This Page

• Is Probation Automatic?
• The 3-Month Rule
• Fired During Probation
• BC Court Case
• 6-Month Probation and Extensions
• How Much Severance?
• Your Rights During Probation
• What You Should Do
• Frequently Asked Questions
• Get Legal Help

Is a Probation Period Automatic in BC?

No. Starting a new job doesn’t automatically put you on probation.

A probation period is a trial period that allows an employer to assess whether you’re suitable for the job. For an employer to rely on probation to limit your severance rights, there must be a valid probation agreement.

Simply calling you a “probationary employee” doesn’t automatically remove your rights.

If your employment contract doesn’t contain an enforceable probation clause, you may be entitled to full severance pay if you’re fired, even during your first few weeks.

How Long Is the Probation Period in BC?

Three months is the most common probation period in BC, but the law doesn’t automatically impose a three-month probation period on every employee.

The three-month mark is important because that’s when minimum termination pay normally becomes mandatory under BC’s Employment Standards Act.

These are minimum requirements for eligible employees dismissed without cause. They don’t necessarily reflect your full severance entitlement — keep reading to find out how many month’s pay you could be owed.

A valid employment contract may limit additional severance rights, but it can’t take away the minimum protections required by the Employment Standards Act.

Can You Be Fired During Probation Without Severance?

Sometimes. But being on probation doesn’t automatically mean your employer can fire you without paying severance.

If you’re fired during the first three months, your employer’s ability to avoid severance depends on whether a valid probation clause applies and whether it was properly followed.

Even with a valid probation clause, your employer must make a fair and honest assessment of whether you’re suitable for the position.

For example, there may be a problem if your employer:

• Never gave you a reasonable chance to demonstrate your abilities.
• Failed to explain what was expected of you.
• Didn’t fairly assess your suitability for the job.
• Fired you for a reason unrelated to your suitability, such as discrimination.

Your employer doesn’t necessarily need to prove serious misconduct to dismiss you for unsuitability during a valid probation period. However, it must act in good faith when assessing your suitability.

Bottom line: Don’t accept “you were on probation” as the complete explanation for why you’re receiving no severance.

BC Court Case: Fired During Probation, Awarded 3 Months’ Pay

In Ly v. British Columbia (Interior Health Authority) an employee was fired approximately two months into a new management job.

His employment contract included a six-month probation period. The employer argued that it could dismiss him without severance because he was still on probation.

The BC Supreme Court accepted that the probation clause was valid. However, it found that the employer hadn’t properly assessed the employee’s suitability or given him a fair opportunity to demonstrate his abilities.

The employee was awarded three months’ pay in lieu of notice.

Can an Employer Extend Probation to 6 Months in BC?

Yes. A probation period can last six months or longer, but extending probation doesn’t eliminate your statutory termination rights.

Once you’ve completed three consecutive months of employment, your employer normally owes at least one week’s notice or pay if you’re dismissed without cause, even if your contract says you’re still on probation.

A probation clause that lasts longer than three months isn’t automatically invalid. The important question is whether the contract complies with BC employment law and what rights it actually limits.

What if your boss extends your probation after three months?

An extension doesn’t reset your employment history or erase termination pay you’ve already earned.

If you’re fired during an extended probation period, you may be entitled to statutory notice or pay, plus additional severance depending on your contract.

How Much Severance Can You Get if You’re Fired During Probation?

You may be owed much more than one week’s pay, even if you’ve only worked for a few months.

For non-unionized employees who aren’t limited by a valid contractual termination clause, full severance is determined by factors including:

• Your age
• Your position and responsibilities
• Your length of service
• The availability of comparable employment
• The terms of your employment contract

Short service doesn’t necessarily mean a small severance package. In appropriate cases, even employees who worked for only a few months can receive compensation measured in months rather than weeks.

Full severance pay in BC can reach up to 24 months’ pay in appropriate wrongful dismissal cases, although someone with only a few months of service wouldn’t ordinarily approach that upper range.

Use our Severance Pay Calculator for an initial estimate, then have your employment contract reviewed to determine what you’re actually owed.

Employment lawyer Lior Samfiru also explains why being fired during probation doesn’t necessarily eliminate your severance rights.

What Are Your Rights During Probation in BC?

Probation doesn’t suspend your workplace rights. You remain protected by applicable employment standards and human rights laws from your first day of work.

This includes protection against:

• Discrimination because of disability, age, race, pregnancy, religion or another protected characteristic.
• Being denied wages or other minimum employment standards entitlements.
• Unlawful retaliation for exercising protected workplace rights.

An employer can’t use probation as an excuse to dismiss you for an unlawful reason.

Learn more about workplace discrimination in BC and your human rights at work.

What Should You Do if You’re Fired During Probation?

1. Don’t sign a release. Signing away your rights could prevent you from claiming additional compensation.
2. Check your employment contract. Look for the probation clause and any wording limiting termination pay.
3. Keep your records. Save your offer letter, performance reviews, messages and termination documents.
4. Don’t assume zero severance is correct. Your employer’s position may not reflect your full legal entitlements.
5. Speak with an employment lawyer. Have your contract and termination reviewed before accepting an offer.

Probation Period BC: Frequently Asked Questions

How long is a probation period in BC?

Three months is common, but probation isn’t automatic. A valid employment agreement can provide a longer probation period, although statutory termination pay rights normally begin after three consecutive months.

Can I be fired during my first three months without severance?

Possibly. BC’s Employment Standards Act doesn’t require minimum termination pay before three consecutive months of service. However, common-law severance may still be owed if there is no valid probation clause or the employer failed to properly assess your suitability.

Can my employer fire me without warning during probation?

An employer doesn’t always need to provide formal warnings during a valid probation period. However, it must act in good faith and give you a reasonable opportunity to demonstrate your suitability for the job.

Can my employer extend probation from 3 months to 6 months?

An employer may extend probation, depending on the agreement and circumstances. However, an extension can’t take away minimum termination notice or pay required after three consecutive months of employment.

What if my employment contract doesn’t mention probation?

Your employer may not be able to rely on probation to deny severance. You could be entitled to common-law notice or pay even if you’ve only worked for a short period.

Can I get severance after only 5 months of employment?

Yes. Eligible BC employees dismissed without cause after five months normally qualify for at least one week’s statutory notice or pay. You could be owed significantly more under common law, depending on your contract and circumstances.

Can I be fired during probation because I’m pregnant or disabled?

No. Probation doesn’t remove your human rights protections. An employer can’t lawfully dismiss you because of pregnancy, disability or another protected characteristic.

Fired During Probation in BC? Find Out What You’re Owed

If your employer fired you during probation or offered little to no severance because you were a new employee, don’t assume the offer is correct.

The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees across British Columbia review probation clauses, challenge wrongful dismissal and recover severance pay.

Our team can examine your employment agreement, determine whether your employer properly relied on probation and calculate the compensation you may be entitled to.

Before you sign, always check first.

➡️ Get a Consultation or call 1-855-821-5900.