As such, the presence of a probation clause will undermine the expectations of secure employment which an employee might form during the hiring process. Probationary employment is said to be inconsistent with any inducement or promise of long-term employment. So, while probationary periods are very common, they are not automatic.Īn employee leaving secure employment to join a new employer should consider negotiating the removal of any probation clause from an offer of employment. It cannot be implied into the relationship.Īn employer can obtain the employee’s agreement by simply putting a probation clause into its written offer of employment. Since it takes away an employee’s usual rights, a probationary period must be expressly agreed to by the employee. ProbationĮmployers can contract out of the presumption of reasonable notice for short term employees by imposing a probationary period. But even very short-term employees may be entitled to several months of termination notice. In general, longer-serving employees are entitled to more notice than shorter-serving employees. This reasonable notice standard varies from case to case. The law presumes that employees who are hired to work for an indefinite duration must be provided with “reasonable notice” of dismissal.
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