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ARTICLE · 07 NOVEMBER 2015

Probationary Employees: Employers' Termination Rights And Restrictions

McCague Borlack LLP
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Given that employers have an implied contractual right to dismiss a probationary employee without notice and without giving reasons, many employers believe that they are immune from claims brought against them after terminating an employee within his or her probationary period.

CanadaEmployment and HR
Howard Borlack
Howard Borlack
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Co-authored by: Carol-Anne Wyseman

First presented at an Employment Law Seminar

Given that employers have an implied contractual right to dismiss a probationary employee without notice and without giving reasons, many employers believe that they are immune from claims brought against them after terminating an employee within his or her probationary period. Unfortunately for employers, this is not the case. Despite the existence of probationary periods, there are many limitations facing employers who wish to fire their probationary employees. It is crucial that employers understand these limitations in order to prevent claims from being brought against them.

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