"You were on probation, so you get nothing." That's often not true.

In 30 seconds, here's what's true

• The Employment Standards Act (ESA) doesn't mention "probation." What matters is how long you were continuously employed, not the label on the period.
• Once you've worked 3 months or more in a row, your employer must give you written notice of termination or termination pay, even if they call it probation.
• Fired before you hit 3 months, you usually get no ESA notice or pay, unless the real reason was illegal.
• From day one, you can't be fired for a reason that breaks the Human Rights Code (like pregnancy) or as payback for asserting your ESA rights.
• Your unpaid wages and earned vacation pay are still owed no matter how short the job was, generally within 7 days of it ending or your next payday.

How the process works

1. 1

   Count how long you actually worked

   The 3-month mark is the line that matters. If you were continuously employed for 3 months or more, the ESA entitles you to written notice or termination pay. Under 3 months, there's usually no ESA notice or pay. Time still counts while you're off sick, on leave, or on a temporary layoff, as long as the job relationship kept going.

2. 2

   Work out your ESA minimum

   Once you're past 3 months, the notice or pay is set by your length of service. It's 1 week for less than a year, 2 weeks from 1 up to 3 years, and it climbs by a week each year after that, up to 8 weeks at 8 years. Your employer can give working notice, pay instead, or a mix of both.

3. 3

   Check whether the real reason was illegal

   This protection has no waiting period. If you were let go because you're pregnant, because of your religion or disability, or because you asked about unpaid wages or took a leave you're entitled to, that can be a human rights violation or a reprisal. Probation doesn't excuse either one.

4. 4

   Make sure you got your final money

   Whatever you already earned is yours. Unpaid wages and any vacation pay you built up have to be paid out, usually within 7 days of your last day or on your next regular payday, whichever is later. Add up your last hours and any vacation you never took.

5. 5

   Know your options and deadlines

   You can file an ESA claim with the Ministry of Labour for free, generally within 2 years of the violation. Many fired workers are also owed more than the ESA minimum under common-law "reasonable notice," unless a valid contract properly limits it, and you have 2 years to sue in court. You usually can't do both at once, so get advice before you pick.

What to do next

• Write down your first day and your last day, and count whether you reached 3 months of continuous work.
• Find your employment contract and read what it says about notice, pay, and probation.
• Add up any unpaid wages and vacation pay you earned but never received.
• Ask for your final pay: it's generally due within 7 days of your last day or your next payday.
• Note whether the real reason for firing could involve pregnancy, disability, religion, or another protected ground.
• Note whether you were fired soon after asking about wages, safety, or a leave, which can be a reprisal.
• Keep pay stubs, texts, emails, and your schedule as records.
• Get free advice fast, then decide between an ESA claim (2-year deadline) and suing in court (2-year deadline).

Common myths