Been on probation for 3 years - employer keeps extending it and won't make me permanent - can HTW Law help end the limbo in Ontario?

I've been in probationary status for 3 years at a job that's supposed to be permanent. I'm trapped and don't know how to escape.

Here's what happened:

When hired, I was told: "This is a permanent position. You'll have a standard 3-month probation period. After that, you're permanent."

I got the job. Excited. A real permanent role.

After 3 months, manager said: "You're doing well but we want to extend probation 3 more months to make sure you're a good fit."

I extended probation. Okay, that seemed reasonable.

After those 3 months: "You've been great, but we're extending another 6 months. Management wants to be thorough."

I extended again. Now 9 months total on probation.

After 6 months: "We're extending probation another year. Need to see more long-term performance."

Now it's been 3 YEARS of probationary status.

The problem:

I have no job security (can be fired immediately, no severance)

I have no benefits (no health insurance, no 401k match - they say probationary employees don't qualify)

I have no PTO (no paid vacation because I'm "probationary")

I have no recourse if treated unfairly (no employment protections as probationary)

I'm doing the exact same work as permanent employees at the same pay

But I have zero of their protections

What's worse:

There's no end date. They just keep extending it indefinitely. Every time I ask "when do I become permanent?" they say "we're still evaluating" or "give it another few months."

I mentioned this to a friend and they said "That's not legal. You can't be on probation indefinitely. Probation periods have limits. You should contact HTW Law about this. That's wage theft - you're denied benefits you should have."

I've been researching and apparently Ontario law has limits on probation periods. Extended probation might be legal, but indefinite probation for years probably isn't.

I'm thinking about contacting HTW Law to understand if:

This indefinite probation is legal

If I should be permanent by now

If I can claim back benefits I've missed (health insurance, PTO, 401k)

If employers can trap people in probation indefinitely

From what I'm reading, HTW Law would probably tell me that probation has limits and I should have been made permanent after the initial period.

I'm stuck in employment limbo with no security and no benefits, and my employer keeps moving the goalpost.

Posted Sep 30, 2026, 3:47 AM UTC

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