Add Comment Question: What requirement are necessary when terminating an employee while still in the probationary period Answer: Unless there is an enforceable clause in place limiting the employee's termination entitlements, the employee is entitled to termination pay in accordance with the common law rules. I encourage you to use the Severance Calculator linked at the top of the page to get a general sense of what the employee may be owed and contact us to obtain legal advice and guidance specific to your circumstances. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.