In Ontario, the standard 3-month probationary period does not override your fundamental human rights. Firing an employee simply because they revealed a disability or requested a medical accommodation is strictly illegal, and you can file a claim at the Human Rights Tribunal of Ontario (HRTO) for lost wages and damages.
There is a massive misconception among both employers and workers in cities like Toronto, Mississauga, and Ottawa regarding probationary periods. 📝 Many people assume that during the first 90 days of employment, a company can terminate you for absolutely any reason without legal consequences. While the Employment Standards Act (ESA) does allow employers to terminate a worker without providing notice or severance pay within the first three months, this rule is completely superseded by the Ontario Human Rights Code.
Under the Code, a disability is a protected ground. If your employer fires you because you disclosed a medical condition, needed to attend medical appointments, or required an ergonomic chair, they have violated provincial human rights laws. A termination cannot be based, even partially, on a discriminatory reason. Retaining an experienced employment lawyer or human rights paralegal from our directory is a crucial step to prove that the firing was connected to your disability, not just “poor performance.”
Step-by-Step Guide: What to Do If Fired for a Disability
Proving discrimination during probation requires a highly strategic approach and immediate action. 💼 You must build a paper trail that contradicts the employer’s usual excuse that you simply “were not a good fit.”
Step 1: Documenting the Timing and Disclosure
Timing is the most critical piece of evidence. If you worked with excellent feedback for 60 days, disclosed a disability on a Tuesday, and were fired on a Thursday, the timeline strongly suggests discrimination. Write down the exact dates, times, and names of managers involved when you disclosed your medical needs. Any emails or Slack messages referencing your health should be saved or documented immediately.
Step 2: Understanding the Duty to Accommodate
Employers in Ontario have a legal “duty to accommodate” workers with disabilities up to the point of undue hardship. 🤝 This means they must try to adjust your duties, schedule, or workspace to help you perform your job. If they fired you instead of exploring these options, they have failed in their legal duty. You should gather notes from your doctor that clearly outline your functional limitations and the specific accommodations you requested.
Step 3: Challenging the “Poor Performance” Excuse
Employers rarely admit they fired someone because of a disability. They will almost always claim it was due to poor performance or a bad cultural fit. To fight this, gather your early performance reviews, positive emails from clients, or training completion certificates. Your lawyer will use these to demonstrate that the performance issue was merely a fabricated excuse (a pretext) to hide discrimination.
Step 4: Sending a Legal Demand Letter
Before rushing to court, most applicants in this province choose to have a lawyer send a formal demand letter. 📄 This letter outlines the human rights violation and demands a settlement. Often, employers recognize the severe legal risk and will agree to pay a lump sum representing your lost wages and human rights damages to keep the matter out of the public record.
Step 5: Filing an Application at the HRTO
If the employer refuses to settle, your lawyer will formally file an Application at the Human Rights Tribunal of Ontario (HRTO). Unlike the civil courts, the HRTO specializes exclusively in discrimination cases and has the power to award damages for injury to your dignity, feelings, and self-respect, as well as ordering the company to change its hiring policies.
How Much Does a Human Rights Claim Cost in Ontario?
Fighting a discriminatory termination is highly accessible because the provincial tribunal system removes basic financial barriers for applicants. 💰
| Expense / Legal Service | Estimated Cost (CAD) |
|---|---|
| HRTO Application Filing Fee | $0 (Completely Free) |
| Lawyer Drafting a Demand Letter | $500 – $1,500 |
| Full HRTO Representation | Often taken on Contingency (Percentage) |
Many employment lawyers will take strong human rights cases on a contingency basis, meaning you do not pay legal fees upfront, and the lawyer only gets paid if you win a settlement or an HRTO award.
How Long Does the Process Take?
A strong demand letter can often yield a negotiated settlement within 4 to 8 weeks. 🕎 However, if the employer fights the claim and you must proceed through the heavily backlogged Human Rights Tribunal of Ontario, waiting for a mediation date and a final hearing decision can take 1 to 2 years.
Frequently Asked Questions (FAQ)
Do I get severance if fired during probation?
Under the basic Employment Standards Act, you are not owed severance if fired within the first 3 months. However, if the firing was discriminatory, the HRTO can award you lost wages for the time you were unemployed, which functions similarly to a massive severance package.
Do I have to disclose my disability during the job interview?
No. You are never legally required to disclose a disability or a medical condition during a job interview in Ontario, unless the condition makes it inherently impossible to perform the core duties of the job even with accommodation.
Can they ask for my specific medical diagnosis?
Generally, an employer is not entitled to know your specific medical diagnosis. They are only entitled to know your functional limitations (e.g., “cannot lift more than 10 lbs” or “requires a 15-minute break every two hours”) as confirmed by a doctor.
What is the time limit to file an HRTO claim?
In Ontario, you have exactly one year from the date of the discriminatory termination to file your Application with the Human Rights Tribunal. Missing this strict one-year deadline usually means your claim will be permanently dismissed.
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