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  • 20-02-2018 11:14am
    #1
    Registered Users Posts: 12


    Hi there,

    thanks for reading my post!

    yesterday i turned up to my workplace to find out 5mn after that i had been terminated...Just like that...i have no notice, no letter, no official meeting absolutely nothing...i turned up at 8:30 and 8:45 i was gone...

    i never received a verbal or written warning, not a single negative communication was made towards me.
    i am still in shock...the reason given to me was vague, after i asked for salary raise and position change...all i ve been said was: we have to part ways...

    i really doubt this is legal to dismiss someone just like that...i was in the role for 7 month passed my probation period successfully my managers were happy all the time until i asked for a salary raise and new responsibilities...

    now i want to dispute this...i m making a complaint at workplace relations...is there anything else i could do?

    i know they want to make a deal with me and make a final payment end of month...my concern is if i don t accept to sign this deal will they still pay my salary...i had surgery last month that i paid cash and i need my salary...any suggestion is welcome


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Comments

  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    The first thing is, as your period of employment is less than 12 months, they can dismiss you. You are entitled to notice of one week, you might still get paid for this week even though you are not required to attend for work. Tell them they must pay you for your week notice, but beyond that there isn't a lot you can do except look for a new job.

    Asking for a salary raise and promotion after 7 months probably wasn't ideal, particularly if you have just returned from sick leave.


  • Registered Users Posts: 12 kufu


    yes looks like passing a probation period is meaningless nowadays...


  • Registered Users Posts: 4,119 ✭✭✭Gravelly


    Strange that they'd fire you for asking for a raise, even after only 7 months. I've had people approach me for a raise or change of position many times, sometimes after they've been in the job a few months, but it never crossed my mind to fire them for it. Could there be something else they've found out that made them fire you?


  • Registered Users Posts: 8,952 ✭✭✭duffman13


    kufu wrote: »
    yes looks like passing a probation period is meaningless nowadays...

    It is, the marker is 12 months, that's the real probation period


  • Registered Users Posts: 12 kufu


    Gravelly wrote: »
    Strange that they'd fire you for asking for a raise, even after only 7 months. I've had people approach me for a raise or change of position many times, sometimes after they've been in the job a few months, but it never crossed my mind to fire them for it. Could there be something else they've found out that made them fire you?

    Absolutely nothing else...my goal here is to describe the situation accurately to make best decisions...also a good indicator of my good work is that they ask me to contact clients together to say that i move on and they shall contact another person in the company...and depending on how well we do this i might get an extra month paid...


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  • Registered Users Posts: 465 ✭✭Meeeee79


    Did you not ask any questions as to why you were being fired?


  • Registered Users Posts: 4,119 ✭✭✭Gravelly


    kufu wrote: »
    Absolutely nothing else...my goal here is to describe the situation accurately to make best decisions...also a good indicator of my good work is that they ask me to contact clients together to say that i move on and they shall contact another person in the company...and depending on how well we do this i might get an extra month paid...

    If I were in your position, I'd be looking at the possibility of holding on to those clients, either to service them as an independent contractor (if this is possible in your job) to to entice them to move with you to your next position - if you can do this, you could approach another company and pitch yourself for a job, with the clients as a sweetener.


  • Registered Users Posts: 12 kufu


    i did ...all i received as an answer was...it s not working out...it s not working out... i suspect my boss thought i was still under probation period and thought he could just tell me to go...


  • Registered Users Posts: 18,992 ✭✭✭✭Del2005


    Was the surgery for a chronic condition that will require future treatment and long-term absence? The fact that they are offering an extra month salary would appear to be completely non work related for letting you go.


  • Registered Users Posts: 915 ✭✭✭never_mind


    I think he can just let you go as it was under the 12 month period. I would be careful about how you interact with them from here... if you do this the right way they might give you a good reference.


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  • Registered Users Posts: 53,028 ✭✭✭✭ButtersSuki


    kufu wrote: »
    i did ...all i received as an answer was...it s not working out...it s not working out... i suspect my boss thought i was still under probation period and thought he could just tell me to go...

    Sorry to hear this firstly.

    Secondly, whether you passed your probation or not is irrelevant unless you have 12months completed. I know this is likely not what you want to hear, but just try and park it and move on.


  • Registered Users Posts: 12 kufu


    Del2005 wrote: »
    Was the surgery for a chronic condition that will require future treatment and long-term absence? The fact that they are offering an extra month salary would appear to be completely non work related for letting you go.

    Surgery?


  • Registered Users Posts: 706 ✭✭✭tiredblondie


    kufu wrote: »
    Surgery?

    You said in your opening post that you had surgery that you paid cash for?!


  • Registered Users Posts: 12 kufu


    You said in your opening post that you had surgery that you paid cash for?!

    apologies yes i did..but this surgery doesn t stop me from doing my job...in fact i was doing calls the next day after procedure :)


  • Registered Users Posts: 750 ✭✭✭Ashbx


    kufu wrote: »
    Surgery?

    I think they mean the surgery mentioned in your original post?!?


  • Registered Users Posts: 2,637 ✭✭✭brightspark


    http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/dismissal/unfair_dismissal.html

    Just my opinion but you should probably minimise any losses and move on, anything you do might reduce your employability in the future. Unless it's a discrimination case there is little available to you by law.

    Make sure they pay you any outstanding wages/holiday pay etc.

    If they want you to contact the clients offer them a "reasonable" rate for your time and insist they give you a good written reference also.

    It's a small country.


  • Registered Users Posts: 122 ✭✭Cocobongo


    there’s always two sides to the story, although if were were going by yours - your boss is a real di*k..

    As everyone here already mentioned - no, it’s not the right way to do things, but you would never stand a chance in court or etc, especially if you were paid your notice period.

    Good luck in a search for a new job


  • Registered Users Posts: 18,574 ✭✭✭✭_Brian


    “It’s not working out” is sufficient considering your short employment term.
    They have breached legislation in no notice period, they are either chancing their arm with this or going to pay you your notice to have you off site ASAP, some companies prefer this.

    Ask about getting paid for your entitlement notice plus holidays accrued.

    Ask about using them as a reference going forward.

    One MN company I worked with did away with probation periods here in Ireland considering that employees with less than a years service can so easily be dismissed.


  • Registered Users Posts: 12 kufu


    i call the workplace relation and they told me it s in breach of employment law...


  • Registered Users Posts: 2,637 ✭✭✭brightspark


    A lot of companies will pay the week instead of giving notice, when you think about it, it makes more sense to do it.

    Best case you have a disgruntled employee who is going to lower staff morale, and probably won't do much work that week anyway. I know there are some people who have a higher work ethic and will work hard even when being let go, but most won't

    Worst case you have a disgruntled employee who could sabotage your business!!

    As long as they pay you for the "notice" period they comply with the law.

    As regards grounds for dismissal, they could potentially dismiss you because they don't like your eye colour, however if they dismiss you for any of the 9 grounds listed as discrimination then it is a different matter and it would be a breach.


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  • Posts: 0 [Deleted User]


    kufu wrote: »
    i call the workplace relation and they told me it s in breach of employment law...

    I would be slow to go down any legal route or claim. It could go against you in the future. You must put it behind you and move on. It would have been good to know if there was something that you were doing wrong, for future employment.


  • Registered Users Posts: 12 kufu


    sugarman wrote: »
    On what grounds?

    Here it is in black and white from citizen information, see and .

    Any employer can let you go, for pretty much any reason they want within your first 12 months. All youre entitled to is a weeks notice, and you can ask for a written reason why under the unfair dismisal act in which they have to respond within 2 weeks. But a simple "its not working out" suffices, so a waste of time.

    Dont waste your time with this shower, and dont go out guns blazing.. A lot of employers are well linked, especially in niche enough businesses/trades.

    i guess you are right...


  • Registered Users Posts: 18,574 ✭✭✭✭_Brian


    kufu wrote: »
    i call the workplace relation and they told me it s in breach of employment law...

    They are right.
    If you were let go without notice that is the breach they refer to.

    But will the company pay you for that week, that would be seen to compensate you and so no breach.

    Under 12 months employment in Ireland and your pretty much a disposable employee just entitled to a notice period or payment in liu of same.

    I wouldn’t go wasting effort fighting it, and definitely don’t spend anything fighting it, it’s a dead duck.

    Get what is owed to you, chin up and move on.


  • Registered Users Posts: 12 kufu


    _Brian wrote: »
    They are right.
    If you were let go without notice that is the breach they refer to.

    But will the company pay you for that week, that would be seen to compensate you and so no breach.

    Under 12 months employment in Ireland and your pretty much a disposable employee just entitled to a notice period or payment in liu of same.

    I wouldn’t go wasting effort fighting it, and definitely don’t spend anything fighting it, it’s a dead duck.

    Get what is owed to you, chin up and move on.

    yep it s a good lesson for me...thanks to everybody


  • Registered Users Posts: 18,574 ✭✭✭✭_Brian


    kufu wrote: »
    yep it s a good lesson for me...thanks to everybody

    Ask about a reference.
    You should judge their likelihood to give a reference should you need them.


  • Registered Users Posts: 915 ✭✭✭never_mind


    kufu wrote: »
    yep it s a good lesson for me...thanks to everybody

    As stated above I would contact your line manager soon in calm and friendly manner and ask for the following:

    - 1 week's notice period pay
    - any holiday pay you are entitled to
    - any feedback that they would like to give
    - ask for a reference

    When dealing with the company on these issues you are better off coming across as apologetic and sorry that it didn't work out and that you are keen to learn from whatever mistakes that you made during your time there. Tell them you will write them a good review on Glassdoor. Either way you are going to have to get onto Irishjobs and get a new position so you may as well start looking now!

    Good luck on the job hunt and this could be the best thing that has ever happened to you.


  • Registered Users Posts: 18,574 ✭✭✭✭_Brian


    never_mind wrote: »
    As stated above I would contact your line manager soon in calm and friendly manner and ask for the following:

    - 1 week's notice period pay
    - any holiday pay you are entitled to
    - any feedback that they would like to give
    - ask for a reference

    When dealing with the company on these issues you are better off coming across as apologetic and sorry that it didn't work out and that you are keen to learn from whatever mistakes that you made during your time there. Tell them you will write them a good review on Glassdoor. Either way you are going to have to get onto Irishjobs and get a new position so you may as well start looking now!

    Good luck on the job hunt and this could be the best thing that has ever happened to you.

    Sound advice.


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    kufu wrote: »
    a good indicator of my good work is that they ask me to contact clients together to say that i move on
    Hold up, hold up here.

    Is this the kind of business you can do yourself without an employer?

    If they're asking you to contact and hand over your clients, that means you've got a role with a tight working relationship with the client, and the company itself is really just branding.

    What's to stop you contacting these clients and telling them you've gone out on your own and asking them to come with you? Have you any personal impediments (mortgage, kids, etc) that would make it unfeasible to set up on your own?

    The company have fired you, you owe them nothing. Asking you to hand over your clients - tell them to go and jump. They made this mess, they can sort it out. But give real thought to stealing those clients, if that's possible. You have a golden opportunity.


  • Registered Users Posts: 4,119 ✭✭✭Gravelly


    seamus wrote: »
    kufu wrote: »
    a good indicator of my good work is that they ask me to contact clients together to say that i move on
    Hold up, hold up here.

    Is this the kind of business you can do yourself without an employer?

    If they're asking you to contact and hand over your clients, that means you've got a role with a tight working relationship with the client, and the company itself is really just branding.

    What's to stop you contacting these clients and telling them you've gone out on your own and asking them to come with you? Have you any personal impediments (mortgage, kids, etc) that would make it unfeasible to set up on your own?

    The company have fired you, you owe them nothing. Asking you to hand over your clients - tell them to go and jump. They made this mess, they can sort it out. But give real thought to stealing those clients, if that's possible. You have a golden opportunity.

    I did suggest this earlier in the thread.


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  • Registered Users Posts: 1,835 ✭✭✭tea and coffee


    Guys, I think that the OP said s/he was there 7 months after the probation rather than only 7 months i.e. 19 months if probation was a year.

    OP, I'd use your client contacts and start up myself


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