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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My Husband started a new job and was on 3 month probation

Customer Question

My Husband started a new job and was on 3 month probation period, 2 weeks into the role he became ill and was signed off of work for 30 days (and still is on medical leave its only been 2.5 weeks ), he received a notice from his employer that he has been terminated. the reason given was that he has only worked for 8 or 9 days. Is this legal?.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

It is legal for the employer to dismiss an employee during the probationary period for almost any reason at all. In fact the only time this is not legal is if it is because of discrimination.

So, if the employer dismissed your spouse because he believed your spouse had a disability that is discrimination and in that case your spouse should consider filing a complaint with the human rights commission.

But if the employer just couldn't be bothered with someone who is not coming to work then that is the employer's right and your spouse has no legal recourse unfortunately.

I'm very sorry this happened to your spouse and to you.

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