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Employee's Rights: Probation during employment extended twice

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asked on Mar 14, 2019 at 15:50
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edited on May 25, 2019 at 21:59
 
My Letter of Offer from the company states that my probation period is 6 months, and subject to my performance during probation, the company has the right to extend my probation for a maximum of another 3 months.

When my 6 months was up, there was no news from the company but 2 months after my probation was due, I received a letter from the company extending my probation for another 3 months. Reason given was so that I can take the time to improve myself.  Note that there was no performance review, no counselling, no warning letter/verbal warning, no expression of any unsatisfactory performance from the company, no details of what are the areas that I need to improve on. 

My extension of probation was up last month.  The company decided to further extend my probation again which makes this a 2nd extension.  Can they do that considering that my employment letter states that it can only be extended only once, for a maximum of 3 months?

What are my rights as as employee who's still under probation?  Can I sue for wrongful termination if they decide to terminate my employment when I'm still under probation?  I've been working with the company for about 10 months.
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9 Answers

answered on May 13, 2019 at 15:56
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edited May 25, 2019 at 21:59
 
An employee under probation is protected against dismissal without just cause and excuse. So yes, you may file a claim if the termination was without just case. 

Premature termination before expiry of the probation probation period, extended or not, by the Company is possible in the instance of misconduct on part of the employee. 
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answered on Sep 4, 2019 at 09:04
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Yes, the company still can't unfairly dismissed you even if you are under probation. They will need to show that they have given you notice and sufficient time to improve and you failed to do so before terminating you. 

A superbly long probationary period can amount to constructive dismissal. 
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answered on Sep 15, 2021 at 16:25
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I have almost similar situation. In my case, I would like to know if there is a sales quota given to you say at RM1 Million/year and couldn't hit any number during probation and was extension probation. But in the case if I got say a contract worth RM300k-RM500k during this extension period, can they still terminate me?

Also can I claim my commission if payment is paid by customer before my termination as I'm concerned company will say like you are now terminated and not entitled to commission.
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answered on Sep 15, 2021 at 16:58
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There are too many "IF"s in the Q asked.

It all depends on if the "IF" is stated in the employment contract.

No hypothetical  Qs  please.
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answered on Sep 20, 2021 at 11:21
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In this case, you can consider the above is the scenario. What would be my rights?
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answered on Sep 20, 2021 at 23:47
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What would be my rights?

1.  You have the rights absolute rights to remain silent

2.  You have the rights to bring your case to the Labor Court, and in the event of LC rejecting your case, 

3.  You have the rights to bring your case to the IRC.
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answered on Sep 21, 2021 at 14:44
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Would you be able to explain more on your points? 
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answered on Sep 21, 2021 at 15:53
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Sori..

I pass..

Can some from the floor help him with more simpler explanations?
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answered on Sep 23, 2021 at 17:45
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To the vassals of the surviving members of the Avengers Malaysia

Thank U ALL for promoting my name again

It only shows that my non-legal advises and solutions, offered free, in this forum is GOOD and USEFUL, that is why instead of disputing my posts, you all are resorting to s.cumbags tactics to chase me off this forum. It only shows the poor mentality of yourselves and the perverted mentality level of this shadow organization.

This attack on me again will only make me more resolved to expose more of the wrongdoings that has been taken place in this forum in the past. This attack is triggered off by the current exposure of false interpretation of self representing. It is because I have exposed the actual case situation of @aurora and @ayzek yesterday.

The wrong impression given by your group that self representing is as easy as abc, but have to rely on your group on "How To Fight the Banks". Look at all those bankruptcy cases that was not completed at the final stages after following on unreliable advises. There was no updates in those threads /posts. This speak loud volumes on what had happened to most of those who had come here to seek for help in this forum.

Thank you very much

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