Know your rights
Fired on probation? You may still be owed notice
You just started a new job, and a few days in you're told it isn't working out. "You're on probation," they say, "so we owe you nothing." That isn't always true, and an Ontario court just showed why.
What probation really allows
Ontario's Court of Appeal has explained what probation means (Nagribianko v. Select Wine Merchants Ltd., 2017 ONCA 540). Unless your contract says otherwise, your employer can end the job during probation without notice only if two things are true:
- it decided, in good faith, that you're not suitable for the job, and
- it gave you a fair and reasonable chance to show you are.
Probation also doesn't switch off the Employment Standards Act. Once you've worked 3 months in a row, your employer must give written notice or pay instead (s. 54): at least 1 week if you've worked under a year (s. 57).
10 days in, 3 months' pay
In Yadav v Ahangama, 2026 CanLII 48313, decided in May by the Small Claims Court in Toronto, a law firm hired a law clerk on a 3-month probation. His offer said his performance would be reviewed during it.
He was let go after 10 days. He'd had no training, one file of his own and no feedback. The firm believed probation let it fire him at any time with no notice.
The court disagreed. He never got a fair chance to show he could do the job, so he was owed reasonable notice, the pay courts award in place of notice. The firm argued for 2 weeks at most. The court awarded 3 months, $10,000, plus his unpaid wages.
It looked at his age, his job, the 4.5 months it took him to find work, the job opportunities he'd let go when he was hired, and that the firm had asked him for 3 months' notice if he ever left. It turned down his claims for mental distress and punitive damages.
What to do if it happens to you
- Write down what you were told about how you'd be assessed, and any feedback you got (or didn't).
- Read your contract: a clear, valid termination clause can limit what you're owed.
- Don't sign a release on the spot.
The calculator shows the ESA minimum next to what courts have awarded in cases like yours, even after a short time on the job. Or ask your question in the chat.
Ontario Severance is independent and isn't a law firm; this is general information. From a chat or a calculator result, you can ask us for help finding an employment lawyer, and we reply within one business day.
Sources
This article is general information about Ontario employment law, not legal advice. The law and its application change, and every case turns on its own facts: for advice about your situation, speak with an Ontario employment lawyer.
