Question:

As a permanent employee with a contract, can they extend my probation?

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I'm a permanent, full time contracted employee. In my contract it stated I had 3 months probation. Due to hiring new employees, it was pushed back to 7 months, without any explanation. Now they're making it 9 months.

I've busted my butt, been asked to take a leadership role, taken on duties from people who have left, etc.

I just want to know if legally they can extend the probation if it specifically states 3 months in the contract.

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  1. Legally, no, since your contract states a 3 month probationary period.

    Were the extensions in writing and did you have to sign and return them stating that you agreed to them?  If so, then you agreed to increase the probationary period.

    Were you due an increase after your probationary period?  Was this in the contract?  If so, then you may have a case to get back wages, unless your probation extensions have to do with written performance issues.

    A company can retroactively change probationary periods, but if they stated in writing a 3 month period - then they must follow though on the contract.

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