What to do after losing your probation
You were let go during probation and are not sure what to do first.
Your probation ended early, and the shock makes it hard to think. A short order of steps helps more than trying to decide everything about your probation dismissal at once.
What should you do in the first few hours?
Write down the exact date you were dismissed. That date starts your 60-day window to act.1
Ask for the reason in writing if your employer has not given one clearly.
Do not sign anything handed to you on the spot, even if it looks routine. Take it home and read it once the shock has settled.
What should you gather about your probation?
Collect your offer letter, any probation targets, and every piece of feedback, good or bad. This record is often the most useful thing you can prepare.
Compare what you were told to achieve with the reason given for your dismissal. Note any gap between the two.
Does being unconfirmed change what you should do?
No, the same steps apply as for any other dismissal. Your employer still has to show a fair reason, and probation does not lower that standard.2
Read your dismissal letter with that in mind. A vague or generic reason is worth flagging, not accepting.
Who else should you talk to?
Avoid going over the details with colleagues until you are clearer on your own position. A lawyer is a better first call than a friend or another probationer.
For emotional support, turn to people outside your former workplace.
What should you do this week?
Use the deadline calculator to confirm how many days you have left to file a Section 20 representation. Read common myths about probation if you are unsure of your rights.
None of this needs a final decision yet. It keeps your options open while you work out what you want.
If you want a lawyer to act for you, send your dates to an independent employment lawyer. They can review whether it is a case they can take on.
If you are thinking of acting on a probation dismissal, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your probation terms and the reason given. An independent employment lawyer can tell you whether it is worth pursuing, and act for you if it is.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
What is the first thing to do after being dismissed on probation?
Write down the exact date of your dismissal, since that date starts your 60-day window. Ask for the reason in writing if it was not made clear to you.
Should I gather my probation targets and feedback?
Yes, this is one of the most useful things you can do. Compare what you were told to achieve against the reason given for your dismissal.
Does being on probation mean I have fewer options right now?
No, the same immediate steps apply as for any other dismissal. The 60-day deadline and the need to gather evidence are the same whether or not you were confirmed.
Should I sign anything before speaking to a lawyer?
Not before reviewing it properly. Ask to take any document home first, even if you are pushed to answer quickly.
Sources
- An employee who believes they were dismissed without just cause or excuse may file a Section 20 representation with the Director General of Industrial Relations within 60 days of the dismissal. Mah Weng Kwai & Associates
- In an unfair dismissal case, the burden of proof rests on the employer to show just cause or excuse for the dismissal. Mah Weng Kwai & Associates
Keep reading
If you are thinking of acting on a probation dismissal, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your probation terms and the reason given. An independent employment lawyer can tell you whether it is worth pursuing, and act for you if it is.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.