Layla’s Story: Discovering Her Rights After a Probation Dismissal
Gretel Uretezuela2025-04-11T07:55:12-04:00Layla, just starting her career at a design agency in Mississauga, was unexpectedly dismissed during a meeting. Her employer claimed they owed her nothing due to her probationary status. Confused, Layla sought legal advice, learned about her rights, and successfully challenged her employer to secure the pay she was owed.
What Layla was Facing
Name: Layla
Age: 27
Gender: Female
Location: Mississauga, Ontario
Occupation: Junior Designer
Legal Challenge: Terminated during probation without notice or termination pay.
Layla had just started her first design job at a creative agency in Mississauga. Fresh out of school and excited to launch her career, she was eager to contribute, learn, and grow with the team.
But just as she was settling into her new role, Layla was unexpectedly called into a meeting with her manager—and dismissed on the spot.
The agency told her that because she was still in her probationary period, they didn’t have to provide notice or termination pay. Layla left feeling embarrassed, confused, and unsure of what to do next.
Realizing There Was More to the Story
A few days later, Layla mentioned what happened to a friend, who told her that being on probation didn’t mean she had no rights. Curious and still reeling from the experience, Layla reached out to us for advice.
During our consultation, we explained that under Ontario’s Employment Standards Act (ESA), employees who have been employed for three months or more are entitled to notice or termination pay, even if they’re still within a probation period.
While employers can include a probationary clause in an employment contract, the clause must be written and legally enforceable. In Layla’s case, the probation clause didn’t meet that standard, which meant she was entitled to at least one week of termination pay under the ESA.
Taking Action to Claim What Was Owed
We carefully reviewed Layla’s employment contract and confirmed that the probation language was insufficient to remove her ESA entitlements.
We then prepared a letter to the agency, clearly outlining her rights and the amount owed. The employer initially pushed back, but once we presented her contract and relevant legal precedent, they agreed to settle.
A Fresh Start
Layla received her termination pay and used the time to regroup and refocus. Before long, she found a new opportunity that better suited her goals. And this time, she knew what to look for in an employment contract.
Her experience was a reminder that probation does not mean an employer can ignore basic legal obligations.
If you’ve been let go during probation, don’t assume you’re out of options. Like Layla, knowing your rights can make all the difference.
Let go during probation, and not sure what you’re owed?
Probation doesn’t cancel your rights. We can help you understand what you’re entitled to.
→ Call 1-866-561-2176 or book a consultation to get clear legal advice.
To protect privacy and ensure a smoother reading experience, some identifying details and certain facts have been changed. This account remains grounded in the legal issues and outcomes that occurred.