An employer claims a probationary employee can be dismissed for any reason at any time.
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The Situation
What They Said
“You are on probation — we can fire you for any reason.”
Said by a manager to a newly hired employee who has raised a concern or who the employer wishes to dismiss without following a formal process.
The Fallacy
False Premise / Appeal to Ignorance
This statement assumes that probationary status strips an employee of all legal protection, which is factually incorrect under applicable labour law. It exploits the employee's likely unfamiliarity with their rights during probation. The argument is designed to discourage the employee from seeking recourse by presenting a false legal reality.
What the Law Says
Your Legal Foundation
Ley de Contrato de Trabajo 20.744
art. 245 de la Ley de Contrato de Trabajo — Unjustified dismissal protection
“In cases of dismissal by the employer without just cause, whether or not prior notice has been given, and after the probationary period has elapsed, the employer must pay the worker compensation equivalent to one (1) month's salary for each year of service or fraction greater than three (3) months...”
The manager's statement is incorrect because the law requires just cause for dismissal after the probationary period, and if dismissed without just cause, the employee is entitled to severance pay based on years of service. The probationary period does not allow dismissal for any reason without consequences.
What Scripture Says
God's Word on This
Proverbs 18:17 (NET)
“The first to state his case seems right, but his opponent will come and cross-examine him.”
Justice requires hearing both sides — an employer who dismisses without allowing the employee to respond violates this basic principle of fairness.
Deuteronomy 24:14 (NET)
“You must not oppress a hired worker who is poor and needy, whether one of your fellow Israelites or one of the foreigners who lives in your land and villages.”
An employee in a vulnerable probationary position is precisely the kind of worker Scripture warns against exploiting.
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You Know the Law — But Do You Know What to Say?
Reading your rights is one thing. Using them under pressure — calmly, correctly, in the right words — is what actually protects you. Members get the scripted rebuttal for this exact situation: what to say first, what to say if they push back, the tone to use, and the constitutional provision to cite. Practise out loud with audio until it's automatic.