Legal Question in Employment Law in Canada
Firing an employee
We recently hired a new employee under a 3-month probationary agreement. Are we bound to keep this employee for the three months? We are not happy with her work effort. Please advise
1 Answer from Attorneys
Re: Firing an employee
You are entitled to terminate an employee at any time provided you give proper notice under the Employment Standards Act. If there was a contract for 3 months, you may be on the hook for the remainder of the contract. If the employee was hired as a regular employee, subject to a probationary period, then you are entitled to terminate before that period ends. If the latter is the case, you do not have to provide notice under the ESA as the employee has only been employed for 3 months. Out of an abundance of caution, you should document your human resources file well to ensure you have reason why the person should be terminated and details of their poor job performance.
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