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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I was employed starting on June 19, 2015. I was told

Customer Question

I was employed starting on June 19, 2015. I was told verbally that there would be a 90 day probationary period. nothing was in writing and I did not sign any papers. On Sept 21, I informed my employer that I had a medical issue arise and was forced to
stay off work for treatment and recovery. On Sept 28, I contacted my employer with an update and they then informed me that they were extending my probation period, nothing was written or on paper. This also means that my employee benefits were not covering
me due to the extended probation. Is this legal?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

What provinces is this please?

Customer: replied 1 year ago.
This is in BC
Expert:  Legal Ease replied 1 year ago.

The is a breach of your employment contract and you should know the verbal agreements are binding.

In terms of the overall situation is doesn't matter if they say you are a probationary employee or not. The law in BC is that after you've worked there for three months you are entitled to termination pay (of one week's pay until you've been there for a year and then it becomes two weeks) regardless of whether they say you are on probation or not.

But in terms of the benefits, they cannot breach the contract and say you are not eligible for benefits as that will matter to you.

You can tell them that they are in breach of their contract with you and if necessary you will retain a lawyer and sue for damages.

The damages will be the loss of benefits that you are entitled to and need.

Customer: replied 1 year ago.
Hello, Here is an update. my employer stated that they had extended my probation and as such I was not entitled to benefits until it expired. I was never officially informed verbally or in writing that it had been extended, or for how long or any other details. I requested a copy of any documents in my file regarding probation periods from HR and I received a reply that I had been terminated for cause and offered 1 week severance pay. Not sure how to proceed.
Expert:  Legal Ease replied 1 year ago.

Because you only worked there for a few months you are not entitled to more than one week's pay in lieu of notice.

So there is really nothing you can do because if you were to sue that is all you would get.

I am sorry about that.

Customer: replied 1 year ago.
Hi, My problem is not so much the severance pay as the benefits. The employer is stating that I am not entitled to my benefits as I had not completed my extended probation yet. I was never officially placed on extended probation or given any info about it such as time limits, conditions etc. Are they not required to supply benefits after the original 3 mth probation period has passed?
Expert:  Legal Ease replied 1 year ago.

There is no way for you to force them to do that. Unfortunate, because you are not in s union there's nothing you can do when an employer is unfair except quit and sue for constructive dismissal. But as we discussed you would not be entitled to anything by way of damages because you didn't work there long enough.

Customer: replied 1 year ago.
Hi, Is the original employment offer, agreement, contract that states benefits are instated after 90 days changed by the extended probation? Should they not be in breech of our original contract if they do not offer the benefits? Although the extended probation was a topic of discussion, it was never implemented as far as I was aware of. I signed no papers and was not given any details such as conditions, length or that benefits would not start till after the new probation.
Customer: replied 1 year ago.
Hello, just wondering if you got my last few inquires?
Expert:  Legal Ease replied 1 year ago.

I didn't get you first reply at all. I am glad you tried again. I can see the post now.

You are entitled to benefits and yes they did breach the contract.

You can sue if you had any expenses that should have been covered from the time the probation ended until the time your employment ends.

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