Fired From Job?

Well. Getting fired from job is everyone’s last wish. But for the sake of learning, let’s keep an open mind on this issue. The two legal words often associated with someone being fired from a job are termination and dismissal.

Termination and dismissal can happen due to poor performance (not meeting the stipulated targets, rendering poor service to customers etc) and discipline problem (e.g. absenteeism, consistently late for work etc). Termination could also arise due to serious misconduct by the employee. For example, when you punched or threatened to kill your boss because he or she did not approve your leave, or robbed your own colleague, then your likelihood to be dismissed is pretty high.

However, the process of getting someone terminated or dismissed is not a straight forward process.

There are rules to be followed. Employers need to be mindful and avoid making unjust dismissal as there needs to be a convincing ground and justified proofs before someone can be fired from the job. In case of termination, the employee cannot be simply fired unless until a domestic inquiry is conducted. A domestic inquiry is a round of investigation exercise conducted by the management to establish full facts of events before a disciplinary action is taken.

There is also this thing called constructive dismissal. Constructive dismissal is a form of wrongful dismissal that happens when an employer changes the employment terms such as salary, responsibilities and position (perhaps demote you to a lower position) and asked you to either accept the new terms or resign if he disagrees.

Employment in Malaysia is governed by 3 main laws, namely the Employment Act 1955, the Industrial Relations Act 1967 and the Trade Unions Act 1959. One thing for sure, the laws serving the employment regulations are very much pro-employees. In a way, there are here to protect the employees and the workers.

This means, if an employee is wrongly fired, dismissed or terminated, the company can be in serious trouble. They can be torn into pieces. Further, the employment laws do not only limit to termination and dismissal, but all aspects of work that cover salary and compensation, safety, harassment, discrimination and so on. If you read about the entry: Resigning From Job – Get it Right, one of the possible disputes that can occur during the resignation is the settlement of final payment. So if you feel your employer owes you some outstanding salary, allowances, bonus and so on, it’s time to act.

Also, if you are being victimized by your employer (which is not only related to termination and dismissal); do not hesitate to seek for legal advice.

Termination and dismissal are bad presses.

Predictably, termination and dismissal are bad news. If you are applying for jobs and reference checks are done with your former boss (who fired you), then you will end up in the soup. You will have a very long road and journey before landing another job. Nevertheless, if that is the case, maybe it is a sign you are not an employee material and perhaps better off starting a business instead.

9 Replies to “Fired From Job?”

  1. If someone out there is HR person I’m sure they will know more about this. HR actually has a very wide scope including staffing & placement,C & B, employee development, ER & IR and Security.

    Being HR person is a very challenging job but you can learn many things here especially human character and how to solve the human problems in a very systematic way. Dealing with people actually is not an easy job.

  2. Yes, you’re right. The HR knows (at least they should) this.

    But many employees who are from HR department neglects the information and as such often do not know their right. They probably do not now they’re victimized if they’re forced to resign.

    When they realize it, they find it too late to lodge a complain and file a suit.

  3. Dear Sir,

    May i have the clear picture on the definition of “Misconduct”? Under what circumstances can be consider as “Misconduct”?

    Thanks

  4. I’ve been terminated from A company..i understand and realize that it was me had done a mistake,forged an m.c..i had a good record and that was my 1st ever mistake..i realize my foolishness because i was not in proper frame of mind in doing so (got reason),,,unfortunately, this company refused and strictly with their decision to terminate me. i noticed that since the incident i had no right at all…furthermore, i have to payback for such an amount(rm38,000 ++)..it was not me quit, they terminated me though!…they seemed like skipped one procedure, at least last warning..however they simply dismissed me. fyi, i was a trainee and they told me that i was breached the agreement..(discipline prob)…how can i solve this problem and at least not to pay back. I pay for nothing!!

  5. Dear Helper,
    Well, I confess that I did make mistake choosing such a long journey to come to work without proper transportation. I often turn up late. I also have serious illnesses which left me with many MCs taken all throughout the year.
    I was given final warning regarding my ‘attitude problem’ and I was told that the next time I come late or so, there will be a domestic enquiry before terminating me in full.
    I am so upset now I cant concentrate on my work.
    Will it be a good idea to just resign or to just wait and see what happens next or what shall I do??

  6. I tender my resignation today, 2 August 2010 for serving of 1 month notice, and stated in my letter resignation as 1st of August as on yesterday, Sunday. Question: 1) Shall the date of 1st August take into considering? 2) if Not, when shall be my last date of employment? 3)Normally, 1-month basic equivalent to how many day-counts, e.g. 30 days..tks in advancing of reply

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