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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I began a new job in Ontario on Oct 17. 3 month probation

Customer Question

I began a new job in Ontario on Oct 17. 3 month probation period would make me eligible for benefits Jan 17. I require shoulder surgery and have been given the option to have the surgery on Jan 19. Will my eligibility for benefits be affected due to the short time after being eligible I'm in surgery? Can my employer terminate me since I have no reached the 3-month probation period?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

It would be unlawful for you to be denied benefits since you are entitled to them. It does not matter that you receive the benefits and then two days later have to have surgery.

An employer can dismiss an employee at any point in time. The law is that if you are dismissed within the first three months of employment you are not entitled to any notice or pay in lieu of notice. If you are dismissed after three months employment then you are entitled to notice or termination pay.

Let me know if you need any further clarification.

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