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I am seeking legal guidance regarding my 19-year-old son, Josh, who was terminated from his employment at a long-term care facility in Ontario after approximately two months, while still in his probationary period.
Josh was terminated without being given a specific reason. He was told that because he was still on probation, the employer was not required to provide one. We subsequently learned that he may be permitted to apply for work at another facility within the same organization.
Our main concern is whether the termination may have been influenced by an interpersonal conflict involving another employee, Amber. Amber was recently in a relationship with Josh’s father, but they have since separated and are now ex-partners. There had been personal issues involving Amber and Josh, and given the timing and circumstances surrounding Josh’s termination, we are concerned that Amber may have communicated something to management or otherwise influenced the decision.
We do not know whether Amber actually played a role in the termination and do not want to make an unsupported allegation. However, the circumstances have raised concerns about possible bias, conflict of interest, or improper influence in the decision.
We would like advice on:
Whether an Ontario employer can terminate someone during probation without providing a reason.
Whether there are legal protections that still apply to an employee during probation.
Whether a termination could be challenged if another employee’s personal conflict or influence contributed to the decision.
Whether Amber’s personal relationship with Josh’s father and subsequent separation could be relevant to assessing whether there was bias or improper influence.
What evidence Josh should obtain or preserve to determine whether Amber played a role.
Whether Josh should request written confirmation of the reason for termination and copies of any complaints, performance documentation, or other records relied upon by the employer.
Whether the fact that he was apparently told he could work at another facility within the organization has any legal significance.
Whether there may be grounds for a claim or complaint depending on what occurred.
What Josh’s immediate next steps should be and whether there are any limitation periods we need to be aware of.
We are primarily looking to understand whether the termination was simply a lawful probationary termination or whether the surrounding circumstances warrant further investigation or legal action.
What information or documentation would you need from Josh to assess the situation?
Thank you for your question. Absent a statutory violation, an employer can terminate during a probationary period without providing a reason. There may still be severance owed, however. Please contact us at the number below for a consultation.