There is no automatic probation period in Ontario. A probation period only applies if it is clearly written into your employment contract.
This matters if you’re fired. Without a valid probation clause, your employer can’t simply say “you were on probation” and use that as a reason to provide no notice or severance.
The Quick Answer: Can you be fired during probation in Ontario? Yes—but probation does not mean “no rights and no severance.” Your employer must give you a fair opportunity to demonstrate that you’re suitable for the job and make its decision in good faith. Your Employment Standards Act and human rights protections also continue to apply.
On This Page:
- 1. Is Probation Automatic in Ontario?
- 2. What Does a Probation Clause Do?
- 3. Can You Be Fired During Probation?
- 4. Are You Owed Severance?
- 5. What to Do if You’re Fired
- 6. Frequently Asked Questions
Is a Probation Period Automatic in Ontario?
No. Starting a new job does not automatically put you on probation.
For your employer to rely on a probation period, it must be clearly set out in your employment contract.
If your contract does not contain a valid probation clause, ordinary termination rules apply. That means you can be entitled to common-law notice or severance even if you worked for the company for only a short time.
How long can a probation period last?
Three months is common, but a probation period can be longer. Six-month probation periods, for example, can be valid in Ontario.
However, once you have worked continuously for at least three months, Ontario’s Employment Standards Act requires minimum termination notice or pay if your employment is ended without an applicable exception—even if your contractual probation period lasts longer.
What Does a Probation Clause Actually Do?
A valid probation clause gives your employer greater flexibility to determine whether you’re suitable for continued employment.
Suitability can involve factors such as:
- Your ability to perform the job
- Your reliability
- How you work with colleagues and managers
- Whether you meet the employer’s reasonable expectations
But probation is not a legal free pass.
Your employer must make a good-faith assessment of your suitability and give you a fair and reasonable opportunity to demonstrate that you can do the job. Ontario’s Court of Appeal has confirmed this approach to probationary employment.
What doesn’t probation allow?
Being probationary does not allow an employer to:
- Discriminate against you
- Ignore its duty to accommodate a disability
- Punish you for exercising a protected workplace right
- Contract out of minimum Employment Standards Act rights
Your basic workplace protections apply from the start of employment.
Can You Be Fired During Probation in Ontario?
Yes. If a valid probation clause applies, your employer can end your employment after deciding in good faith that you’re not suitable for the position.
Your employer does not have to prove serious misconduct or just cause simply because it decides you aren’t a good fit during probation.
But it must still give you a fair opportunity to demonstrate your suitability. An employer that hires you on Monday and decides almost immediately that you aren’t suitable—without giving you a meaningful chance to perform the job—can have difficulty relying on the probation clause.
Does your employer have to warn you first?
Not necessarily. There is no rule requiring a specific number of verbal or written warnings before a probationary employee can be terminated.
The important question is whether you had a fair opportunity to demonstrate that you were suitable for continued employment.
What if the real reason isn’t your performance?
Probation can’t be used to hide an illegal termination.
For example, your employer can’t legally fire you because of disability, pregnancy, race, sex, religion, family status or another protected ground and then simply label the decision a “failed probation.”
Are You Owed Severance if You’re Fired During Probation?
You can be. The answer depends largely on your employment contract and how long you worked for the employer.
If there is no valid probation clause
Your employer can’t rely on probation to eliminate your common-law termination rights.
That means you can be entitled to severance from your first day of employment.
Short service does not automatically mean little or no compensation. Courts consider factors including your:
- Age
- Position
- Length of service
- Ability to find comparable work
Whether you left secure employment to accept the new job can also be important.
If a valid probation clause applies
A valid probation clause can limit your common-law notice rights during the probation period if your employer properly determines that you’re unsuitable for permanent employment.
But once you have worked continuously for at least three months, minimum Ontario Employment Standards Act termination rights still apply. An employee with at least three months but less than one year of service is generally entitled to at least one week of statutory notice or termination pay.
What if the probation clause is invalid?
Don’t assume the clause works simply because you signed it.
If the probation language does not properly limit your termination rights or violates Ontario’s minimum employment standards, your employer can lose the ability to rely on it.
You can then be entitled to common-law notice or severance instead—as much as 24 months’ pay.
See our complete guide to severance pay in Ontario.
What to Do if You’re Fired During Probation
- Don’t sign a release immediately. Once you sign away your rights, it can be extremely difficult to pursue additional compensation.
- Check your employment contract. Look for the probation clause and the length of the probation period.
- Review what actually happened. Were you given a real opportunity to demonstrate your suitability for the job?
- Consider whether another issue was involved. Disability, pregnancy, accommodation requests or protected workplace complaints can change the legal analysis.
- Have the contract and termination reviewed. Find out whether the probation clause is valid and whether severance is owed before accepting the employer’s position.
Probation Period Ontario: Frequently Asked Questions
Is a three-month probation period mandatory in Ontario?
No. There is no automatic or mandatory probation period. Probation must be clearly written into your employment contract.
Can an employer fire you during probation without notice?
Yes, in some situations. A valid probation clause can allow an employer to terminate you without common-law notice after making a good-faith determination that you’re unsuitable for permanent employment.
Once you have worked continuously for at least three months, minimum ESA termination notice or pay normally applies.
What happens if there is no probation clause in my contract?
Ordinary termination rules apply. Your employer can’t simply declare that you were probationary after the fact, and you can be entitled to common-law notice or severance.
Can a probation period be six months in Ontario?
Yes. Ontario courts have recognized six-month contractual probation periods. ESA termination rights still apply once the employee has reached the applicable statutory threshold.
Can my employer extend my probation period?
An employer can’t simply rewrite your employment agreement whenever it wants. Whether probation can be extended depends on the wording of your contract and what you agree to.
An extension also can’t take away minimum ESA termination rights you’ve already earned.
Do human rights protections apply during probation?
Yes. Probation does not suspend Ontario Human Rights Code protections. Your employer can’t terminate you for a discriminatory reason simply because you’re new.
Can I get severance if I’m fired during probation?
Yes. If there is no valid probation clause, common-law severance can apply even after very short service. If your probation period extends beyond three months, ESA minimum termination rights can also apply.
What if I was fired after passing probation?
Your employer can’t rely on an expired probation period to deny your normal termination rights.
If you are fired without proper compensation, you can have a wrongful dismissal claim in Ontario.
Fired During Probation? Check the Contract Before Accepting “You’re Owed Nothing”
Being on probation does not automatically leave you without termination or severance rights.
The Ontario employment lawyers at Samfiru Tumarkin LLP can review your employment contract, determine whether the probation clause is valid and calculate the compensation you’re owed.
If you’ve already been fired, employees in the GTA can speak with our Toronto wrongful dismissal lawyers. Employees in Eastern Ontario can contact our Ottawa wrongful dismissal lawyers.
Before you accept the termination or sign a release, find out what you’re actually owed.