If a worker quit his old job because a recruiter at a new job contacted him with an appealing offer, can he still be fired without cause in probation?

Question

This is a hypothetical question. I understand that in ordinary circumstances, when starting a new job, the probation period allows an employer to terminate the employee for any or no reason, provided it's not a form of illegal discrimination.

Does that freedom disappear for the new employer if a person was already working for a previous employer and is head hunted by the new employer? That is, what if a company goes out of its way to make an appealing job offer to someone who is already employed? Would there be cause for legal action if the employee quit his old job to start a new job, then was terminated from the new job without reason shortly after starting the new job?

Answer 1

Pre-contract negotiations are not relevant

The employee agreed to a probation period? Then there’s a probation period.

The only cause of action would be if the new employer always intended to fire the new hire before entering the contract. That is, the plan was to deprive a competitor of the employee, not to acquire them themselves. Of course, this would have to be proved.

Answer 2

Under Canadian law, the probation period is mandatory and it would have to be given. It does not disappear.

The specifics of firing someone in Canada can differ based on the exact situation, so more would be needed to decide.