# Dismissal vs lay off - PLEASE HELP!!



## ExPatrick (Nov 14, 2008)

I received a warning letter from my managers last week saying that if I don't improve my performance this month then I could be dismissed! This is only 6 weeks after they gave me a good review and lifted my probation! It doesn't make sense! All this happened because last month they gave me more projects than I could handle and I struggled in one of them. If they dismiss me next month then will they have to pay me a 1-month salary as per my job offer? Or is that different from being "laid off"? Here's what my offer says:

Notice Period : One (1) month written notice period by either party after an initial probationary period of six (6) months when the notice period shall be two (2) weeks.

PLEASE ADVISE!!


----------



## aapuri (Jun 1, 2009)

ExPatrick said:


> I received a warning letter from my managers last week saying that if I don't improve my performance this month then I could be dismissed! This is only 6 weeks after they gave me a good review and lifted my probation! It doesn't make sense! All this happened because last month they gave me more projects than I could handle and I struggled in one of them. If they dismiss me next month then will they have to pay me a 1-month salary as per my job offer? Or is that different from being "laid off"? Here's what my offer says:
> 
> Notice Period : One (1) month written notice period by either party after an initial probationary period of six (6) months when the notice period shall be two (2) weeks.
> 
> PLEASE ADVISE!!


What that typically means is that your employer can dismiss you, either by giving you one months notice i.e. they tell you to leave and you can work for one more month before leaving. Or that can ask you to leave immediately and if you agree then they give you one months salary.

With most decent employers, such cases are not hard-and-fast. There is some room for negotiation for e.g. you could ask for more notice period or more cash if leaving immediately. 

Hope this helps. Let me know if you need more information/advice

Amit


----------



## ExPatrick (Nov 14, 2008)

But this is due to poor performance, not redundancy or the financial meltdown. Are you sure I'm still entitled for a 1-month salary?



aapuri said:


> What that typically means is that your employer can dismiss you, either by giving you one months notice i.e. they tell you to leave and you can work for one more month before leaving. Or that can ask you to leave immediately and if you agree then they give you one months salary.
> 
> With most decent employers, such cases are not hard-and-fast. There is some room for negotiation for e.g. you could ask for more notice period or more cash if leaving immediately.
> 
> ...


----------



## mayotom (Nov 8, 2008)

ExPatrick said:


> I received a warning letter from my managers last week saying that if I don't improve my performance this month then I could be dismissed! This is only 6 weeks after they gave me a good review and lifted my probation! It doesn't make sense! All this happened because last month they gave me more projects than I could handle and I struggled in one of them. If they dismiss me next month then will they have to pay me a 1-month salary as per my job offer? Or is that different from being "laid off"? Here's what my offer says:
> 
> Notice Period : One (1) month written notice period by either party after an initial probationary period of six (6) months when the notice period shall be two (2) weeks.
> 
> PLEASE ADVISE!!



If you are dismissed they must pay you the one months salary, unless you are dismissed for Gross misconduct, in that case they are not obliged to pay you anything, however this is where the problems arise, what can be considered as Gross misconduct, A friend of mine had that done to him recently he bosses at a Major developer who couldn't afford to may his 3 month settlement created a story to say that he was stealing and then Fired him, he went to the labour office and made a complaint, his employer couldn't prove anything and have to pay him 3 months Salary.

How is your company doing at the moment??

they maybe trying to cut costs, or increase profits by using _credit crisis_ as an excuse to reduce staff, or maybe they just want to free up a position for a friend, 

Who knows's???

but good luck with it anyway


----------



## aapuri (Jun 1, 2009)

ExPatrick said:


> But this is due to poor performance, not redundancy or the financial meltdown. Are you sure I'm still entitled for a 1-month salary?


Yes, even for poor performance, they still have to pay the 1 month of salary if they want you to leave right away. In fact such a clause is included mainly for cases of poor performance.

I agree with the other posters comment on gross mis-conduct being an exception. They have already sent you a letter stating poor performance, so that lowers the chance of them turning that in misconduct.


----------



## katiepotato (Apr 29, 2008)

Article 120 of the Labour Law sets out specific circumstances under which an employer can dismiss an employee without notice, pay in lieu of notice or end of service gratuity payment. One of the categories states that an employer can dismiss in these circumstances where the employee fails to carry out his basic duties and continues to do so in spite of a “written interrogation” and a warning that he will be dismissed if the failure continues.

From the circumstances you have described it looks like this might be what your employer is trying to do - but the fact that they have given you such a letter only 6 weeks after comfirming your employment does not suggest any sustained drop in performance. I would advise that you raise this with your HR department immediately and request a meeting with your management to discuss the letter, tell them that you have struggled because your workload has increased and ask for some specific objectives moving forward. Tell them that you are confused by the letter coming so soon after your employment was confirmed. Make sure this is all documented and keep a record of your performance against the objectives. 

Can't guarantee that your employer will keep you on, but if you can show that you have made efforts to improve your performance it would weaken any argument they might try to present of consistent poor performance. 

Hope this helps


----------

