Your Rights During a Probationary Period in BC Employment Law Sorensen Truong LLP – Your Trusted BC Employment Lawyers

Starting a new job can be both exciting and overwhelming, especially when you’re placed on a probationary period. In British Columbia, probationary periods are common, but many employees and even employers are unsure of what rights and obligations exist during this time.

At Sorensen Truong LLP, we provide clear and reliable guidance on employment law in BC, helping workers understand their legal rights. This blog explains what a probationary period means, your rights during it, and what both employees and employers should know about probationary dismissal, employment standards, and termination procedures.

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What Is a Probationary Period?

A probationary period is typically a set amount of time at the beginning of employment—usually three months—during which the employer assesses the employee’s suitability for the role. This trial period gives employers flexibility to evaluate performance without long-term commitment.

However, the existence of a probationary period does not mean that employees have no rights. Even during this time, employment standards and human rights laws still apply.

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Is a Probationary Period Required by Law in BC?

No. BC employment law does not require a probationary period. It’s a matter of agreement between the employer and employee, often included in the employment contract. If a probation period is not written into your contract, courts may not assume one exists.

Employers must clearly define the terms of the probation period in writing. Without this clarity, an employee may be entitled to reasonable notice or severance pay if terminated—even within the first three months.

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Your Legal Rights During Probation

While on probation, your rights include:

1. Employment Standards Act (ESA) Protections

Under the Employment Standards Act of BC, employees are entitled to basic protections, such as:

• Minimum wage

• Overtime pay

• Meal breaks

• Protection from unjust dismissal based on prohibited grounds (e.g., race, gender, disability)

Although employers can dismiss probationary employees without notice within the first three months, this does not permit discrimination or bad-faith termination.

2. Human Rights Code Protection

The BC Human Rights Code protects all employees—including those on probation—from discriminatory treatment. Employers cannot terminate or treat an employee unfairly based on protected characteristics such as:

• Age

• Race or ethnicity

• Gender or sexual orientation

• Disability

• Family status

If an employee is terminated during probation for a discriminatory reason, they may have grounds for a human rights complaint.

3. Right to Fair Evaluation

BC courts have ruled that employers must act in good faith when assessing a probationary employee. This means:

• Providing clear expectations

• Offering feedback where possible

• Allowing reasonable time to meet performance standards

Employers cannot use the probation period as a loophole to fire workers arbitrarily or without valid performance-based reasons.

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Probationary Termination: What’s Legal?

A common misconception is that an employer can fire a probationary employee for any reason without consequence. In reality, it depends on:

• Duration of employment

• Terms of the employment contract

• Whether the termination was conducted in good faith

• Whether discrimination or harassment was involved

If a probationary employee has been working longer than three months, they may be entitled to statutory notice or compensation under the ESA. Always review your employment agreement carefully and consult with a BC employment lawyer if you’re unsure.

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What Happens if You’re Wrongfully Dismissed?

If you’re let go during probation and suspect the termination was unjust, you may be entitled to legal remedies, such as:

• Wrongful dismissal compensation

• Human rights damages

• Reinstatement in some rare cases

At Sorensen Truong LLP, we regularly assist clients with probationary dismissal cases. Our employment law team will review your case and determine whether your employer followed legal protocols or violated your rights.

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Employer Responsibilities During Probation

Employers in BC also have responsibilities during a probationary period, including:

• Providing a clear and enforceable employment contract

• Ensuring probationary terms are clearly communicated

• Evaluating employee performance in a transparent and non-discriminatory way

• Complying with employment standards and human rights laws

Falling short of these responsibilities may result in legal consequences.

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How to Protect Yourself as an Employee

Here are a few tips to safeguard your rights during a probationary period:

• Request a written contract that outlines the terms of probation

• Ask for regular feedback and performance evaluations

• Document important conversations and emails

• If terminated, request a termination letter that states the reason

Don’t assume that being on probation means you have no legal protection. If you’re unsure, consult a BC employment lawyer to understand your position.

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Why Choose Sorensen Truong LLP?

At Sorensen Truong LLP, we specialize in employment and human rights law across British Columbia. Whether you’re navigating a probationary period or facing wrongful dismissal, our team offers:

• Clear legal advice

• Contract review and negotiation support

• Representation in employment disputes

• Guidance on ESA compliance

We’re committed to helping workers and employers resolve issues effectively, professionally, and with minimal disruption.