On Probation in Ontario? You Still Have Rights
Being on probation does not mean your employer can fire you for any reason or that you have no recourse. Here is what the law actually protects during a probationary period.
Key takeaways
- "Probation" does not mean you have no rights. It is one of the most common myths Ontario employees believe.
- The Human Rights Code protects you from day one. You cannot be fired because of a disability, pregnancy, or any other protected ground, probationary or not.
- An employer must give a probationary employee a fair chance to show they are suitable and assess them in good faith. It is not "fire for any reason."
- Whether you are owed notice during probation depends on your contract. Without a clear, valid probationary clause, even a probationary employee can be owed reasonable notice.
- ESA termination notice begins at three months of service, but your human rights protection starts on your first day.
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There is a widespread belief that being "on probation" means your employer can fire you for any reason and you have no recourse. That is wrong, and it is one of the most common misunderstandings we see. Probation gives an employer somewhat more flexibility, but it does not switch off your legal protections. Here is what actually applies during a probationary period in Ontario.
✅Quick answer. During probation in Ontario, you are still protected by the Human Rights Code from your first day, so you cannot be dismissed for a discriminatory reason. An employer can let a probationary employee go more easily than a long-term one, but only after giving a fair, good-faith opportunity to show suitability, not for any reason at all. And depending on your contract, you may still be owed reasonable notice.
Does probation mean you have no rights?
No. Probation is a period for the employer to assess whether you are a good fit, but you do not give up your legal protections during it. The myth that probationary employees are unprotected leads a lot of people to accept an unlawful firing without question. In reality, several protections apply from day one, and others depend on your contract.
You are protected by human rights law from day one
The Ontario Human Rights Code applies the moment you start, with no waiting period. Your employer cannot dismiss you, probation or not, because of a protected ground such as disability, a medical condition, pregnancy, family status, age, race, or religion. If you were let go during probation shortly after disclosing a disability or requesting an accommodation, the timing alone can raise a serious human rights issue, and the remedies can exceed ordinary severance.
An employer must assess you fairly, not fire you for any reason
Even within a valid probationary period, an employer cannot act arbitrarily. The standard is whether the employer gave you a fair and reasonable opportunity to demonstrate your suitability for the job, and assessed that suitability honestly and in good faith. That is a lower bar than just cause, but it is a real one. "We just did not feel like keeping you" is not the same as a good-faith assessment of suitability.
Can you still be owed notice or severance during probation?
Often, yes, and this surprises people. Two separate things matter:
- ESA minimum notice begins once you have three months of service. Before three months, the ESA does not require termination notice. After three months, even a probationary employee is entitled to the statutory minimum.
- Common law reasonable notice can apply during probation too. Unless your contract contains a clear, properly drafted probationary clause that limits your entitlement, a court may find you are owed reasonable notice even though you were labelled "probationary." A vague or missing clause can leave the employer owing more than they expected.
⚠️Do not assume the firing was lawful. If you were let go during probation, especially soon after a medical issue, an accommodation request, or a pregnancy disclosure, do not assume you have no recourse. Have it reviewed before you accept that you are owed nothing.
What should you do if you were fired during probation?
- 1.Write down the timeline, especially anything you disclosed (a disability, a leave, a pregnancy) and when.
- 2.Keep your offer letter and employment contract; the probationary clause (or lack of one) is key.
- 3.Do not sign a release on the spot.
- 4.Get the situation reviewed. The review is free, and probationary dismissals are often more vulnerable than employers think.
If your firing was tied to a medical issue or leave, see fired while on medical leave. To understand the severance you may still be owed, read our guide to severance pay in Ontario, or get a free review of your situation.
Frequently asked questions
Can I be fired for any reason while on probation in Ontario?
No. Even on probation, your employer cannot dismiss you for a reason that violates the Human Rights Code, such as a disability or pregnancy, and must give you a fair, good-faith chance to show you are suitable. Probation gives more flexibility, not unlimited power.
Do I get any severance if I am fired during probation?
Possibly. ESA notice begins at three months of service, and you may also be owed common law reasonable notice unless your contract has a clear, valid probationary clause limiting it. Many probationary dismissals carry more entitlement than people assume.
I was fired on probation right after telling my employer about a medical condition. Is that legal?
That timing can raise a serious human rights issue. The Human Rights Code protects you from day one, so being dismissed because of a disability or accommodation request, even on probation, may be unlawful and carry remedies beyond ordinary severance. Get it reviewed.
How long is a probationary period in Ontario?
There is no fixed legal probationary period; it is set by your contract, often three or six months. Note that the ESA's own three-month service threshold for termination notice is separate from whatever probationary period your employer uses.
Omar Haddad
Legal Writer, Mirza Law
Omar Haddad is a legal writer at Mirza Law in Toronto. He writes about termination, medical and disability leave, and what the law protects when an employee is let go.
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