Receive Warning Letter due to Low Performance

[letsgohome]

Hello, i am M23, Chinese. Worked for 1 year in IT company. Diagnosed with thyroid cancer after working as fresh grad at first month of working, permanently left vocal cord palsy. I received warning letter from company, i have two weeks to perform myself else i will be terminated.

I understand i am low performing i have taken all my medical leave, used a lot of hospitalisation leave. I have to undergo radioactive therapy every few months, side effects would be hypothyroidism(this would last 2 months).

I am thinking to leave the company but i worried to find job as i am not able to speak properly. My interest is in data analytics but the jobs i applying requires verbal communication.

Any suggestions for my career? Should i stay and work harder, leave the job, or recover fully then start search for job?

Edit Update 3rd April: I had decided to leave voluntarily and they can pull back the warning letter. I will rest and invest on myself first then continue looking for job. Thank you for your comments and support, some of you may say it’s unfair to me but i prefer to live a happy and free life. Thinking back what i actually started working right after my graduation i never stopped the only time I stopped is during my hospitalisation period. Internet is an amazing place.. one last time thank you!

 

[ineedadvice101]

@letsgohome Kinda hard to stay if the company wants you gone. Just file a few low performance stuff and you are out the door. Better search for a new job today.

 

[susiejeanne]

@ineedadvice101 Yeap if the company wants you out they really want you out. Have a colleague where the company really wants out and it’s been 3 years since he got any increment/bonus. He still haven’t resign though.

 

[glittergirl123]

@susiejeanne Just need to keep increasing the workload and file for low performance.

Just join a new company for a few months and witnessing the process on another older employee.

 

[ineedadvice101]

@susiejeanne Its bizarre why they don't just let him go. Why keep someone around for 3 years and cold storage him?

 

[ineedadvice101]

@chrisjackson960 Really? Just do a few write ups and the guy is out of the door. What's the law going to do about that?

And I think you confused things. In US its really hard to let someone go, too many laws and whatnot. That's why US companies are outsourcing jobs.

In SG, Lazada laid off people with severance and still got all over the news. Easy meh?

 

[chrisjackson960]

@ineedadvice101 Because Malaysian labour laws are very pro employee and it's not as easy to let someone go compared to other countries like US or SG

 

[ckmervin]

@ineedadvice101 US is actually quite easy to layoff people. "At will" employment as they call it, the company just have to pay unemployment benefits if they fire without cause. The standard notice is two-week notice.

this creates one of the most vibrant labour market. Easy to fire = company much more willing to hire + higher pay, as companies can take risks.

now go see EU, its literally against the law to fire people. Hiring is slow and careful, which also leads to a stagnating market

 

[ellie1998]

@ineedadvice101

In US its really hard to let someone go, too many laws and whatnot.

what you smoking bro? give us some too

 

[ineedadvice101]

@ellie1998 There's something called unions in US. Do you even know what laws in Malaysia protect employees? Someone say so and your brain stop working?

 

[rolanda]

@ineedadvice101 Ever wonder why unions are formed in the US in the first place? because of the lack of pro-employees laws in the US. Also why bigger companies had started to outsource workloads for cheaper labor and less hassles.
It is also one of the reasons why some US tech companies have begun to set up shop in Msia, the cheaper ringgit and time zone advantage for western off-hours support.

I won't comment for Msia, but the grass isn't always greener on the other side, you know. Last I heard, SOSCO is the one golden flower that sides with employees and is very pro-active in attending to employment matters as well.

 

[ineedadvice101]

@rolanda You are talking about the long history of US over a few hundred years lol. Obviously the laws lacking back then.

People keep claiming Malaysia has amazing laws protecting employees but nobody can actually can state what law that is. A few write ups is all it takes to fire someone.

 

[rolanda]

@ineedadvice101 I won't comment on whether if it is easy to fire someone, but firing someone without justifiable cause in Msia, you can actually appeal in court/ministry of HR/Jabatan Perhubungan Perusahaan Malaysia. Rest ensured they are very pro-employees, and seek a fair compensation in your behalf.

Someone ranted in a FB post few years ago, he hired a malay young lady for a event sales. Apparently the young girl was slacking and disappeared from her assigned post several times throughout a few days, so he decided to let her go before the final week. Guess what, she reported to Ministry of HR, accusing him of unjust termination. He was instructed to compensate an X amount of weeks of her salary.

The grass in the US side isnt that green as you think. I agree that Msia needs to be improved but I disagree with your opinion on US being all great. I have colleagues and worked with US-based colleagues to tell you that employees are gradually sacrificing work life balance for their job.

 

[alex_alex]

@ineedadvice101 Well it's a whole process to prove that an employee cannot perform his duties diligently or case of grave misconduct and based on balance of probabilities to justify firing them. You can't just do a simple write up and fire someone.

Otherwise it can be constructive or unjust dismissal which will likely cost the company way more if it's taken to court like literally 12-24 months worth of backwages & legal fees as well + possible reputational damage.

 

[letsgohome]

@ineedadvice101 Understood, thank you for your words.

 

[ladyconfused]

@letsgohome Stay. Under labour law, company supposed not allowed to terminate you under health basis, or something like that. regardless, collect as much evidence you can that you actually did your expected job (if you actually did it) because from the sound of it, you did your job despite taking all those medical leaves. Your company/your boss that purposely put you into this situation knowing you had cancer. If they terminated you, there is a lot of lawyers that will take your case pro bono depends on the evidence, especially if you currently hired under big company or MNCs because some cases are sure win and they will take percentage. I know personally a guy who won half a million when he got terminated and bring his case to court.

 

[hopefulinchristname]

@ladyconfused Stay but not because you want to stay. Because it is illegal to act like that to you. In the mean time try to get new job offers around.

 

[theologybuff]

@ladyconfused That's the reason for the performance warning letter- they're pursuing a show cause firing. The process for that must include identification of any unfulfilled or breaches in the employment contract (i.e. low performance), as well as notification to the employee of the issue (i.e. warning letter).

Just keep in mind, he's undergoing radioactive therapy every couple months, and the resulting disability is limited to his ability to speak. And he does not have a MC for the duration of the treatment process. This isnt as clear cut as someone who was laid up in hospital for months and then his company fired him during the hospital stay. Most cases that's pretty stupid to do anyways. Smart thing is to continue paying the paid leaves and MC up to the maximum limit, then stop salary payment on account of no show, which is basically unpaid leaves. Keep the guy on payroll, and replace him on the roster meanwhile. After he comes back, fire with notice issued. We have two types of firings in Malaysia. Show cause is basically fire on the spot, for justifiable reasons. The other type is the one where the employee has to receive a notice (1 month to 2 months), or is paid salary for the duration of the notice if he's not allowed onto premises.

Generally speaking if the employer knows the law and does all the paperwork necessary, there's really no recourse for the employee. Most cases of "worker rights violations", its usually due to employer being lazy or ignorant and skipping steps in the paperwork process, which results in them being unable to prove to the labor department of the veracity of their case.

I know personally a guy who won half a million when he got terminated and bring his case to court.

Is this the guy who got paralysed from the waist down from a workplace accident? He was doing a task his employer designated for him to do when the accident happened. The then company boss promised to keep him on payroll until his paralysis problem is cured. But because of all the treatment and hospitalization, he couldnt show up to work, and along the way, the boss was replaced by somebody new who then fired this guy. He took his case to court and won half a million dollars in compensation. Which ultimately was slated to be finished within a year or two because his rehab and surgeries costs took up something like RM200k a year. In the end he just decided to retire and use that money for QoL improvements instead of pursuing the treatment route which does not have a good chance of success.

Cases like these often are pretty clear cut in terms of damages suffered and employer involvement. In OP's case, his medical treatments does not render him completely disabled, and that leaves room for the employer to make claims that the treatment and illness has little impact on his workplace employment. And he's not fired yet either. They'll need to keep issuing him warning letters before the termination, at least 2 more if he's got a clean record thus far.

 

[ladyconfused]

@theologybuff nope. the person i know did go through all the HR process, perfecly healthy, got 3 times being basically under scrutiny watched by HR for performance, have all the she bangs from the company side (big MNC with internal lawyers and stuff). yet still he is able to proof in court that he is being put in unfavourable condition where regardless of his performance he was going to be terminated. He recorded his conversation with his superior and proof of his work. From what he told me, lawyers like to take up this kind of case because most big companies rather would like to settled or take a fast lost due to image before it leaks to the press/social media because that will make it 100 times worst for the company to recover. its a sure win cases with handsome payout, and the payee have money to pay.

 

[theologybuff]

@ladyconfused Ahhh yeah okay that makes sense. If sue company that can barely afford it's gonna be a lot harder.