What Does It Mean to Be Hired on Probation in Ontario
- Emily Situ
- Jul 20, 2025
- 3 min read
Updated: Sep 14, 2025
When you’re offered a new job in Ontario, your employer may hire you “on probation.” Probation is like a trial period, allowing the employer to see if you’re the right fit for the job before confirming your employment.
Here’s what you need to know about probationary periods, your rights while on probation, and what happens when probation ends.
✅ What Is a Probation Period?
Probation is a specific time frame, usually 3 to 6 months, but it can be longer if agreed upon in your employment contract.
You are only on probation if your job offer or contract clearly says so.
During probation, the employer evaluates your performance, reliability, and suitability for the job.
✅ Do You Get Benefits While on Probation?
Some employers delay certain employment benefits until probation is over. For example:
Health benefits like prescription drug coverage
Dental care benefits
Other company perks
This is allowed if it’s stated in your contract or company policy.
✅ Can You Be Fired While on Probation?
Yes, you can be terminated during probation, but you still have legal rights.
Under Ontario’s Employment Standards Act (ESA):
If you’re fired within the first 3 months, your employer does not have to give notice or termination pay.
If you’re fired after working more than 3 months, your employer must give you:
Written notice of termination, OR
Termination pay (paying you what you would have earned during the notice period)
For example, if you worked more than 3 months but less than a year, the ESA requires at least one week’s notice or one week of termination pay.
However, your employer may still fire you without notice if they have a valid legal reason (such as serious misconduct).
✅ Human Rights Still Apply During Probation
Even during probation, you’re fully protected by the Ontario Human Rights Code.
This means your employer cannot fire you for discriminatory reasons, such as:
Pregnancy or plans to have children
Race, colour, ancestry, ethnic origin, or citizenship
Religious beliefs
Physical or mental disability
Gender, gender identity, gender expression, or sexual orientation
If you’re terminated for a reason that violates your human rights, you may be able to make a human rights claim.
✅ What Happens When Probation Ends?
When the agreed probation period ends, your employer can:
Confirm your employment – You have passed probation and keep your job.
Extend probation – Only if you agree to an extension.
Terminate employment – With proper notice or pay if you’ve worked more than 3 months.
If your probation period ends and the employer does nothing and says nothing, you automatically continue as a regular employee.
✅ Next Steps for Employees on Probation
Understand your probation terms
Read your employment contract carefully to know the length and conditions of probation.
Keep track of your probation end date
If your employer doesn’t act when probation ends, you’re no longer on probation.
Know your rights
Even on probation, you have rights under the ESA and Human Rights Code.
Get legal advice if you’re fired
A licensed paralegal or lawyer can help you understand if your termination was legal and if you’re owed notice, termination pay, or have a claim for discrimination.
Conclusion
Being hired on probation doesn’t mean you have no rights. While it’s a trial period for your employer, you’re still protected by Ontario employment laws. If you’re fired after 3 months, your employer must provide proper notice or pay, and they cannot fire you for discriminatory reasons at any time.
If you’re on probation or have been fired during or after probation and are unsure about your rights, Situ Legal Services can help you:
Review your employment contract
Explain your rights under the Employment Standards Act
Determine if you’re owed termination pay or if you have a human rights claim
