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Employment termination

  • 24-02-2011 8:22pm
    #1
    Registered Users, Registered Users 2 Posts: 27


    A few ago my manager brought me in for a little chat. Little chat ending up being receiving 2 weeks notice, so my employment ceases Friday week. The reason for it being performance issues and a few lates.
    *
    Manager tells me that my probationary period is 6 months, and that because of that he is being generous by giving me 2 weeks notice. Now, I started the job over 3 months ago, and according to my contract, I have a probationary period of 2 months from the start date of my contract(which has ended over a month ago). So, yesterday I went to HR department, and according to them, my 2 month probationary period wasn’t signed off, so it was extended.
    *
    Surely they can’t just say that my probationary period has been extended without my knowledge or consent, because it would be a direct change to the contract they originally gave me.
    *
    Also, in my contract, after the probationary period is over I am entitled to the full Disciplinary Procedure, which I did not receive. In fact, the first I heard of any lateness issues I had was when my 2 week notice was given. Also, any poor performance I have showed in the past had not been documented fully; my team leader took notes of some ears in which I could improve in.
    *
    Also, which is annoying is that certain computer access I need to do my job, has been revoked, and certain files I need to do my job, my access has been removed too.
    *
    Do I have a legal case with regards the breach of contract around the probationary period?
    *
    *


Comments

  • Registered Users, Registered Users 2 Posts: 21,263 ✭✭✭✭Eoin


    Hi Cortexiphan, we can't give legal advice here - let alone advice on US employment law, as this is an Irish based website.


  • Registered Users, Registered Users 2 Posts: 27 Cortexiphan


    I'm living in ireland.


  • Registered Users, Registered Users 2 Posts: 21,263 ✭✭✭✭Eoin


    Sorry, was looking at your location which says Boston, MA.

    In our place, there is no formal procedure for completing probation - no meetings, no signing of any documents - so it's pretty much implied that probation is over, unless they specifically say otherwise beforehand.

    Again though, you should talk to a lawyer for specific legal advice like this.


  • Closed Accounts Posts: 3,228 ✭✭✭mrsbyrne


    yes you will have to talk to a solicitor, as Irish employment law only really applies to employees of at least one years standing.:( lots of citizens information centres have free legal advice sessions in their offices typically once a month. go to www.citizensinformation.ie , find the nearest CIC to you and find out if they have a free legal advice night. the solicitor will not act for you but will soon tell you whether he thinks you have a case or not. its free its confidential and its typically first come first served so no appointments necessary. good luck.


  • Registered Users, Registered Users 2 Posts: 21,263 ✭✭✭✭Eoin


    I think that's as good information as you'll get.


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