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Fired for Poor Performance in Malaysia? Here’s How to Sue Your (Ex)-Company and Prove Your Worth!

Damian Kiethan
Partner at Raj, Ong & Yudistra

Losing your job due to poor performance is a bitter pill to swallow. We all like to be recognised for the work we do; and the effort that we have put in our work. 

But, before you drown your sorrows in teh tarik (or Whisky, preferably Single Malt (that is how I roll), know that you have options! Here is what you should do/take note of:

  • First, gather all documents that prove that you’re not a poor performer.
  • This includes performance/KPI reviews, emails/WhatsApp from your colleagues and superiors commending you for the work that you have done, awards or recognition that you had received while working at the Company, bonuses (performance based) and increments (performance based).
  • Make a list of the projects/cases that you have worked on, the tasks you have completed and the goals that you have achieved. 
  • All these are crucial in showing that you are not a poor-performer.
  • Next, check your employment contract and the Company’s policies. Did the Company follow proper procedure before terminating your employment? 
  • For instance, some Companies mandate that a Performance Improvement Plan (aka PIP) must be implemented for a certain amount of time before someone can be sacked for poor-performance. 
  • Once all the above is done, seek legal advice from experienced lawyers in Industrial Relations law. They can guide you through the legal process, help you draft a strong case and represent you in Court.
  • But hold on, don’t start counting your chickens just yet. 
  • Be prepared for a lengthy legal battle, as these things can take time. So, while you are at it, start updating your resume, network around and look for new job opportunities.
  • In conclusion, being fired for poor performance doesn’t necessarily mean the end of the road. With the right documents, legal guidance and perseverance, you can sue your Company and prove your worth!

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