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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100465
Experience:  Lawyer
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03 May 2016 10:10 If an employee completes their probation

Customer Question

03 May 2016 10:10
If an employee completes their probation period can mistakes made during the probation then be used as part of the reason for dismissing the employee 2 months later? I thought there was some sort of rule that once probation was over, you couldn't use mistakes made during probation against the employee. I would need a reference for this answer, either in a widely recognized text or in court decisions, preferably from Ontario.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
Thank you and you for requesting me. I did answer you very briefly in your other post.Unfortunately, there is no rule that says that they can't consider mistakes made during your probationary period.However, you would be able to argue that since you made your probationary period and were kept on they did not consider that these mistakes were important and so it is odd that they could use them against you later on. As well, if someone is going to be dismissed for just cause then they are supposed to be given warnings in writing before this happens so that they have a chance to rectify their errors and wore their conduct or your performance etc.Do you see what I mean?
Customer: replied 1 year ago.
Thank you for that reply. How do I go about getting a refund for this question? I submitted it as a new question, and requested a detailed answer. While I appreciate your answer, I don't think it is worth $62 because it gives me nothing to work with. No cases for or against the premise.
Expert:  Debra replied 1 year ago.
This post is supposed to be the beginning of a conversation. And if you understand how much lawyer's charge you would not consider saying that $62 is not worth being able to speak to a lawyer online from the comfort of your home in the evening. And of course you must know that I only get a fraction of what the site gets paid by you. We do not provide case law. Not only would that be practicing law online which is unlawful but for us to have to do research for this nominal fee would be completely and entirely unfair.
Customer: replied 1 year ago.
I am sorry if I offended you. That was not my intention. I am just tired of searching hours and hours every night to find some authorities about my case and finding little of assistance. I live in a small city and no Employment lawyer will take on a small case like mine, so I have to do this all myself. Sure feels like the deck is stacked in favor of the employer. I don't need you to look for any further response. But thanks for your input, and again, I am sorry if I offended you.
Expert:  Debra replied 1 year ago.
It's not about offending me. But I guess to some extent it is about showing respect. Clearly if I am a practicing lawyer working late at night then I can't afford to work for free. So when I answer a question immediately so that the customer is happy and not sitting and worried and waiting for an answer especially when I'm requested, I expect to be paid for my time. And while it is only a nominal fee the nominal fees add up which is why I work on the site. Do you see what I mean?

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