Concerned about being fired

The One Doctor

Hi all,

I am working at my company now (software development) for 7 months and had a probation review a few days ago. They said they'd extend my probation for a month because of a number of errors I made. However, that was the first time I was told about any of these errors. I'm a
bit worried that they're just setting me up to fire me. I've been doing my best and asking questions but you're mostly just expected to get on with your work.

Am I just being paranoid or is this a bit unusual?

IamtheWalrus

The One Doctor wrote: »

Hi all,

I am working at my company now (software development) for 7 months and had a probation review a few days ago. They said they'd extend my probation for a month because of a number of errors I made. However, that was the first time I was told about any of these errors. I'm a
bit worried that they're just setting me up to fire me. I've been doing my best and asking questions but you're mostly just expected to get on with your work.

Am I just being paranoid or is this a bit unusual?

They're extending your probation to give you a chance to redeem yourself. You must be doing something right, otherwise they wouldn't have extended at all; they'd have gotten rid of you.

My advice is to work your balls/puss off for the next month, making sure that you're seen trying to make amends and looking eager and a willingness to improve. This, in my opinion, is more important than actually improving which is difficult in one month.

Maybe proactively arrange a meeting with your team leader and express disappointment that things haven't gone as well as you hoped and that you want to stay (if you do) and ask if both of you can agree on an approach to get you back on track. Maybe you're not getting the right guidance, or time with more senior folk. Get details on the specific errors you made and see how they can be avoided in future. It could be a simple change.

If I was your team leader, I'd be impressed with this approach. You shouldn't be failing a probation. Don't let it happen.

Crazyteacher

I would be sending an email with verification and dates of these "mistakes" so you can at least make sure you are not still making them or if you did at all.

Creol1

Try to make sure you document as much as possible in case you are dismissed. As you have less than a year's service, you have limited protection under the Unfair Dismissals Acts, but you would have certain options such as a claim for wrongful dismissal or a claim under the Industrial Relations Act 1969.

davo10

Creol1 wrote: »

Try to make sure you document as much as possible in case you are dismissed. As you have less than a year's service, you have limited protection under the Unfair Dismissals Acts, but you would have certain options such as a claim for wrongful dismissal or a claim under the Industrial Relations Act 1969.

During probationary period?

LimeFruitGum

This is great advice from IAmTheWalrus.

If you only have 1 month to turn it around, make sure you are meeting your manager once, if not twice a week, to ensure you are on track to pass.
Be sure to call out what you did to meet the goals set, share any positive feedback you received from clients or colleagues. Come prepared to those meetings, don't just sit there & be passive. Being willing to take feedback on board and actioning it will go a long way.

Remember, a lot of expense and time goes into recruitment. No reasonable manager wants to dismiss a new recruit after 6-7 months. Yes, they should have shared feedback earlier if they had it. On the other hand, they might only have received the feedback just before your probation came up. No harm asking them about that.

Creol1

davo10 wrote: »

During probationary period?

Yes, wrongful dismissal means where the dismissal was not in line with the employment contact or the employer's own disciplinary policy.

A complaint can also be made under the Industrial Relations Act with no minimum service requirement.

"It is, therefore, a misconception among employers that a company can dismiss an employee without due process while the employee is still on probation. (...) An employee who does not have the required one year’s service can make a complaint in relation to the manner of their dismissal under the Industrial Relations legislation. There is no service qualification under this Act unlike the Unfair Dismissals Act 1977-2007 which requires a minimum period of one year. Section 20(1) of the Industrial Relations Act, 1969 [as amended] allows for employees with less than one year of service to take a case for unfair dismissal."

https://www.legal-island.ie/articles/ire/features/hr/2016/nov/probation-unfair-dismissal-industrial-relations-act-1969/

davo10

Creol1 wrote: »

Yes, wrongful dismissal means where the dismissal was not in line with the employment contact or the employer's own disciplinary policy.

A complaint can also be made under the Industrial Relations Act with no minimum service requirement.

"It is, therefore, a misconception among employers that a company can dismiss an employee without due process while the employee is still on probation. (...) An employee who does not have the required one year’s service can make a complaint in relation to the manner of their dismissal under the Industrial Relations legislation. There is no service qualification under this Act unlike the Unfair Dismissals Act 1977-2007 which requires a minimum period of one year. Section 20(1) of the Industrial Relations Act, 1969 [as amended] allows for employees with less than one year of service to take a case for unfair dismissal."

https://www.legal-island.ie/articles/ire/features/hr/2016/nov/probation-unfair-dismissal-industrial-relations-act-1969/

At the risk of getting bogged down in legal rights, I think it is important that the op be given correct advice.

The link you provide there does indeed relate to dismissal during probation, but rulings by the Labour Court in relation to the Industrial relations act are not binding on either party, the LC is not a court of law so to enforce it, the op would have to go to the courts of law. That would be a lengthy, expensive process and in the IT industry, probably a career killer.

https://www.workplacerelations.ie/en/WR_Bodies/Labour_Court/

Sometimes it's better to consider the sensible option rather than the nuclear option, if they have extended the ops probation to give extra time for assessment, then the op should make the most of that time to showcase his/her skills and ability to improve.

Creol1

davo10 wrote: »

At the risk of getting bogged down in legal rights, I think it is important that the op be given correct advice.

There was nothing inaccurate in anything I said.

davo10 wrote: »

Sometimes it's better to consider the sensible option rather than the nuclear option

All I suggested was that The One Doctor make sure everything is documented in case he/she is dismissed (at which point it would be too late to "showcase skills"). That is perfectly sensible and in no way inconsistent with being a diligent employee.

Senna

Creol1 wrote: »

Yes, wrongful dismissal means where the dismissal was not in line with the employment contact or the employer's own disciplinary policy.

A complaint can also be made under the Industrial Relations Act with no minimum service requirement.

"It is, therefore, a misconception among employers that a company can dismiss an employee without due process while the employee is still on probation. (...) An employee who does not have the required one year’s service can make a complaint in relation to the manner of their dismissal under the Industrial Relations legislation. There is no service qualification under this Act unlike the Unfair Dismissals Act 1977-2007 which requires a minimum period of one year. Section 20(1) of the Industrial Relations Act, 1969 [as amended] allows for employees with less than one year of service to take a case for unfair dismissal."

https://www.legal-island.ie/articles/ire/features/hr/2016/nov/probation-unfair-dismissal-industrial-relations-act-1969/

This is complete rubbish and of no use to the OP. The OP is not going to take a case under IR.
A little knowledge is a dangerous thing.

Creol1

Senna wrote: »

This is complete rubbish and of no use to the OP. The OP is not going to take a case under IR.
A little knowledge is a dangerous thing.

Very nuanced analysis. Thank you.

mitresize5

Christ almighty - advising someone to go to the LRC for being let go during their probation period. Isn't the internet wonderful at times

OP - Take IamWalrhus advice

Heart Break Kid

The One Doctor wrote: »

Hi all,

I am working at my company now (software development) for 7 months and had a probation review a few days ago. They said they'd extend my probation for a month because of a number of errors I made. However, that was the first time I was told about any of these errors. I'm a
bit worried that they're just setting me up to fire me. I've been doing my best and asking questions but you're mostly just expected to get on with your work.

Am I just being paranoid or is this a bit unusual?

I'd push back on this a bit.

In a prior role, management attempted to suddenly performance manage me because my performance was below what it should've been. I pushed back stating that my performance never change and that I always did well in some areas and not as well in others, because they cancelled each other out in terms of revenue, it was never highlighted as an issue. Lines managers knew it and i knew it. my argument was that if it was an issue it should've been brought forward within a week or 2 or less that I made an error or that there was issues with my performance.

As no one highlighted this as an issue, i pushed back stating because it wasn't highlighted then there was no way I could've known. they stopped trying to performance manage me and i continued doing what I did well.

Short version: you make a mistake, it should be pointed out to ensure it doesn't happen again. If it wasn't pointed out, then there wasn't anything you could do to remedy the issue.

B.A._Baracus

Good advice by Walrus above but at the same time I would be applying for other jobs.

Reason being is you don't know where you're going to at in another month. Just a back up and it only takes a few minutes to apply for jobs