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Hello, Location: Newfoundland How often can a probationary

Resolved Question:

Hello,

Location: Newfoundland

How often can a probationary period be unilaterally extended?

Thank you
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Are you asking about an employment situation?

If so are you in a union?
Customer: replied 1 year ago.

The position is a non-union position with the provincial Government of Newfoundland.

Expert:  Legal Ease replied 1 year ago.
The law is that regardless of whether the employer says the employee is on probation or not after 6 months of employment the employee is entitled to just the same notice or pay in lieu of notice as if there was no designation of probation.

So ultimately it doesn't matter.

Does that clarify things?
Customer: replied 1 year ago.

Hello Debra,


 


I was sent an email by the employer telling me that my probation period was to be extended until the end of September 2013. My 6 month probation was finished August 30.


In the email mentioned above, the employer said we would have a formal meeting this coming Thursday, September 5th with my manager, director and a woman from human resources.


I am going to be given a paper to sign saying I agree to the additional probation period.


Do I have to sign that paper? If I sign it I have entered into a contract with them and am agreeing to the extra month of probation......is that correct?


By not signing it, and the 6 month probation period is past, then I would have to be treated as a full time employee.........is that correct?


Thanks

Expert:  Legal Ease replied 1 year ago.
You will not necessarily be treated as if you are a permanent employee in terms of issues like benefits but your rights in terms of being dismissed will be the same.

You don't have to sign it.

But at the same time they may not agree to allow you to continue working there if you do not.
Customer: replied 1 year ago.

Hello Debra,


 


Let me see if I have my head wrapped around this issue with some amount of clarity.


 


My probation period ended August 30/13,


 


That made me a full time employee. (Note: I have been receiving full benefits from the start of my employment),


 


I received an email telling me my probation period was being extended until the end of September, 2013, and that we would meet on Sept.5/13


 


On September 5/13 they are going to ask me to sign a probationary extension.


 


If I don't sign it do they not have to dismiss in the same manner as any other full time employee?


 


Thanks

Expert:  Legal Ease replied 1 year ago.
They do have to dismiss you with the same rights as a permanent employee after 6 months.

You would get two week's notice or pay in lieu of notice.

I don't know why they want to say your probationary period is extended.

I cannot read your contract so I don't know if there are other benefits to being a permanent employee.
Customer: replied 1 year ago.

In a nutshell, the director is under-qualified for the position held, has low self esteem and confidence and when she found out I had just recently earned my doctorate her attitude changed. I would hazard a guess that the director figures if my probation is extended I could be terminated more easily. We shall see on September 5th, 2013.


Thanks so much for helping me get a better grip on the situation. If you like, just for curiosity sake, I will drop you a line and let you know how it all works out.


Thanks

Expert:  Legal Ease replied 1 year ago.
Please do.

I hope it works out and would love to know what happens.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 87688
Experience: Lawyer
Legal Ease and other Canada Law Specialists are ready to help you
Customer: replied 1 year ago.

Hello,


 


Thank you for the excellent service. I will make sure to let you know how it turns out.


Now I can get some sleep!


There is no need to answer this communication. :-)


 


Good night

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