I was hired on a 3 month probationary period. shortly after two months, i was summarily fired by my supervisor without real reasons given.

I emailed my boss and in his reply, he told me his reasons were based on conversations he'd had with another employee.&nbsp; At no time was I approached or given an opportunity to defend myself from the allegations, which were not true, by the way. <p>I know that employers can get away with a lot due to the 3 month probation thing, but can he get away with this?</p>


Asked over 3 years ago in Hamilton, Ontario
Categories: Labour & Employment

Answer Now

Comment

<br />In all honesty, they don't have to give a reason within your 3 month probationary period. Read section 54. http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_00e41_e.htm#BK92

Posted over 3 years ago


Comment

<br />I'd say probably your boss can get away with this but not in all cases. There is nothing in the Employment Act that says your boss can't do this to you. If you were given the real reasons for the dismissal, would that really have made anything better? <br />But there having been several cases where Employees in similar situations have won thier cases. These points may help you in determining if you have a case: <br />-&nbsp;If you quit another job for this one, especially if you were lured away or moved. <br />-&nbsp;If there is anything in your contract saying you were owed notice. <br />- If there was anything deceitful or disrespectful during the dismissaql process. <br />Here is a good article on the topic where some Employees dismissed during the probationary period were successful in court: <br /><a href="http://www.cba.org/cba/newsletters/pdf/LAB-Probationary.pdf ">http://www.cba.org/cba/newsletters/pdf/LAB-Probationary.pdf </a> <br />&nbsp;

Posted over 3 years ago

I am not a Lawyer but have some legal experiences in Small Claims Court.


Comment

<br />I have given someone an offer of employment letter, but I have changed my mind. The person did not start work yet, nor did she sign the acceptance yet. Can she sue me?

Posted over 3 years ago


Comment

<br />Acording to this article, yes: <a href="http://www.gardiner-roberts.com/documents/articles/Employment%20Contract%20Provisions.pdf">http://www.gardiner-roberts.com/documents/articles/Employment%20Contract%20Provisions.pdf</a> <br />&nbsp; <br />It is very important to take the hiring process seriously not only from your point of view but from the employee's as well! Although this would mainly happen if she quit her job after the accepting, now she's out of a job if you cancel. Especially if she had to move, if the job is in a different location. It is possible she will accept your position by fax then quits her job after sending her fax, for example. Please: contact her immediately and revoke the job offer, tell her personally and then send this in writing.

Posted over 3 years ago

I am not a Lawyer but have some legal experiences in Small Claims Court.

For Lawyers:
Join the Directory
for Free!

Learn More
Family Law Julie Tyas Ontario Lawyer Julie Tyas Verified Lawyer Details

Connect with us:

Family Matters with Justice Harvey Brownstone - Watch Online TV ShowWatch Online TV Show
Family Law Group - Devry Smith Frank LLP Watson Goepel - Lawyers, Avocats
Real Estate Law Group - Devry Smith Frank LLP IG Investors Group - Jim Doyle, Senior Financial Consultant, Request a Consultation