Your Rights During the Probationary Period in Alberta

A new job often comes with a trial phase that allows both the employer and employee to assess whether the role is a good fit. In Alberta, this usually lasts up to 90 days, but could be shorter or longer depending on the employment contracts.

If you’re a new employee, you might be wondering:

• Do I have any legal rights if I’m fired during my probation?
• What happens if it is extended?
• Will I automatically become a permanent employee after?

These are valid questions, and the answers aren’t always straightforward. While this practice gives employers more flexibility to end the working relationship early, employees’ rights during the probationary period in Alberta are still protected under employment law. Knowing where you stand can help reduce confusion and help you make smart decisions about your career.

In this article, we’ll explore your rights during this time in Alberta, what termination looks like during and after this time, how employers handle extensions, and why getting legal advice can help you move forward with confidence.

What Is the Probationary Period in Alberta?

Definition and Purpose

In Alberta, this is a short-term trial at the beginning of a new job. It gives employers a chance to assess whether the employee can meet the expectations of the role. It also gives employees time to decide if the job aligns with what was promised or discussed during hiring.

• The typical length is 90 days, but this can vary depending on the terms of the employment contract.
• During this time, employers often look at how the employee is learning the role, handling key responsibilities, and adjusting to the pace and demands of the job.
• While the threshold for dismissal is lower during this time, employers are still required to follow the law.

Legal Context

The Alberta Employment Standards Code applies during this time. It sets minimum standards for employment relationships, including wages, hours of work, and termination.

• Employers can end employment without notice or pay in lieu if the employee has worked 90 days or less.
• After 90 days, employers must provide minimum notice or pay in lieu, as outlined in the Code.
• During this time, employers must still comply with human rights legislation, health and safety laws, and standards for pay and working conditions.

Can You Be Fired Without Notice During Probation?

Employee Rights During the First 90 Days

Under Alberta Employment Standards Code, if you are terminated within the first 90 days of employment, your employer is not required to give notice or provide severance. This allows employers more flexibility to end the employment relationship early.

However, this does not mean employers can fire someone for any reason.

You are still protected by:

• The Alberta Human Rights Act, which prohibits discrimination based on race, gender, disability, religion, age, and other protected grounds.
• Occupational Health and Safety (OHS) legislation, which gives you the right to refuse unsafe work without penalty.
• Other basic protections such as the right to be paid for work performed.

What Counts as Wrongful Dismissal 

A dismissal may be considered wrongful if it is based on:

• Discrimination, such as being terminated because of pregnancy, disability, or any other protected ground under human rights law.
• Retaliation, such as being let go after refusing unsafe work or raising concerns about harassment, unpaid wages, or workplace safety.

In these cases, legal action or a human rights complaint may be appropriate. 

Can Employers Extend the Probation Period?

Is It Legal to Extend Probation?

Employers in Alberta can only extend a probation if the possibility of an extension is clearly written into the employment contract or agreed upon in writing. Without this, an extension may not be legally valid. Further, the extension cannot be contrary to the Employment Standards Code, meaning the employee is entitled to whatever protections are afforded by the the Code after 90 days of employment.

It is important to know that once you’ve been employed for more than 90 days, the employer must provide you with minimum notice or pay in lieu if they decide to terminate your employment.

What Employees Should Watch For

Some employers may use vague or unclear language when extending a probation. This can create confusion about what is expected during this time.

Be cautious of last-minute extensions that come with sudden performance warnings. If your employer is repeatedly extending this trial phase without clear reasons or feedback, it may be a sign they are trying to delay termination responsibilities. Understanding your rights can help you decide when to seek legal advice and protect your career.

What Happens After Probation Ends?

Legal Changes After 90 Days

Once you have been employed for more than 90 days in Alberta, you are entitled to additional protections under the Employment Standards Code, even if your trial phase continues beyond that point.

After the 90-day mark

• Your employer must provide minimum notice or pay in lieu if they decide to terminate your employment.
• You gain access to a broader range of protections, including rules about hours of work, rest time, vacation pay, and more

These protections apply regardless of whether your probation officially ends at 90 days or is extended beyond that. Being aware of this shift in legal protections can help you understand your rights and navigate the transition with more clarity.

Negotiating Terms After Probation

Reaching the end of your trial period is a natural time to check in about the future. If the role feels like a good fit for both you and your employer, it may be a good opportunity to have a conversation about what comes next.

This could include:

• Discussing the potential to move into a permanent role if you were hired on a contract or temporary basis.
• Exploring ways to shape the role so it aligns more closely with your strengths, interests, and long-term career goals.
• Discussing a pay review or contract adjustments based on what has been working well so far.

These conversations often set the tone for how your working relationship will evolve. Approaching them with curiosity and clarity can help both you and your employer stay aligned.

At the same time, it is useful to stay aware of how things unfold after this time period. For example:

• If confirmation of your employment status is delayed
• If your responsibilities change significantly without discussion
• If expectations feel unclear or unsettled

These situations do not always mean something is wrong, but they may be worth paying attention to. Knowing your rights allows you to ask questions early and take action if needed to protect your long-term goals.

What If You’re Fired on or After Day 91?

How the Law Changes Post-Probation

Once you have worked for more than 90 days, Alberta’s Employment Standards Code requires that your employer provide written notice or pay in lieu of notice if they decide to terminate your employment without cause. This is an important shift under the law, even if your employer has not formally confirmed a change in your employment status. Depending on your length of service and the terms of your contract, you may also be eligible for more than the minimum severance pay.

When to Speak to a Lawyer

It can be helpful to speak with an employment lawyer if you are let go shortly after your trial period, especially if the termination:

• Comes without clear explanation or is described as a vague issue with performance.
• Follows recent changes to your role or responsibilities.
• Feels inconsistent with previous feedback or expectations.

A lawyer can help you understand what the employer is required to do, clarify whether the termination was handled properly, and outline your options. This can provide peace of mind and help you move forward with a clear plan.

Why Legal Advice Matters

Peace of Mind – Clarity Before You Act

Whether you are considering a job offer, nearing the end of your trial period, or facing an unexpected termination, getting legal advice early can help you make informed decisions.

A legal review gives you the opportunity to understand your contract and move forward with confidence, instead of second-guessing your next step.

Clarity – Understanding Your Rights

Employment law in Alberta can feel confusing, especially during or just after probation. Speaking with a lawyer can take the guesswork out of the process.

You will be better equipped to understand your employer’s obligations and know when it makes sense to ask questions or take action.

Strategy – A Plan That Works for You

When your employment situation feels uncertain, a lawyer can help you create a plan that aligns with both your legal position and your career goals.

You can receive practical guidance on navigating termination or contract extensions, along with a thoughtful approach that supports your long-term success.

Speak with a Calgary employment lawyer to receive a review of your termination, probation terms, or new job contracts. 

Book your consultation with Cashion Legal to protect your rights and wellbeing today.

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