Probationary Periods: Are They Legal in Canada?

January 29, 2009 at 2:28 pm Leave a comment

According to the website, YES, probationary periods are legal. However, a formalized signed contract must indicate a time line and specifications regarding the extent of the period. Employers can legally fire, and without ’cause’, an employee if they fail to meet expectations while under that period of probation.

According to the website, “In the absence of language asserting that the employer will rely on the probationary term, the courts treat the terminated employee like any other. An employee, who does not meet performance standards and is terminated without cause, is then entitled to severance determined by a court.” That being siad, it is always recommended that you, as a small business owner/entrepreneur, write a formal, yet simple, employee contract stating the details and outcome of a probation period.

For more details on this subject, read this great article on the Monster website: Are Probationary Periods Legal in Canada?


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