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 Voluntary resigned or terminated due to PIP

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Jesse0916
post May 24 2020, 06:45 PM

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QUOTE(year2020 @ May 19 2020, 12:32 AM)
.... even if my wife got terminated due to performance, she's still entitled to compensation benefit because it's not like she broke the law. The one thing I'm not sure is termination due to performance can still apply for EIS or not.

Can you guys explain more why is it like burning bridge if she does not resign as requested? From what I see, even if she voluntarily resigned or even if she got terminated, future HR will still do a cross-check with current HR. Even if she resigned/terminated, it's still due to non-performance. Or is it like, the current HR may say bad thing because my wife refuses to resign just to spite her? I'm trying to understand this better. This is my wife's biggest concern.
*

Hi, I have to correct you about the termination benefits.
Termination due to performance/ misconduct is not entitle for compensation benefits.
What the Employment Act referring to is retrenchment/VSS/MSS cases.
Therefore, your wife is not entitle for any termination compensation if terminated due to PIP.

Share with you about my experience of EIS claim.
The EIS claim amount is very small, the maximum you get is about RM13K (throughout 6 months) (if your salary is RM4K and above)

My 2 cents to your wife is

(1) Luckily, your wife's superior is supportive, he/she may help you to get 2nd chance from company. Check wit the superior that is that any other things can help your wife to keep the employment.

(2) if action (1) is not working, then resign before termination take place.

I don't think your wife's employer will keep quiet if your wife refuse to resign. The employer may has higher expectation or matters to challenge your wife.
When your wife attend next interview session, she can share that she unable to focus/ feel unconformable during pregnancy period.
Therefore, would like to spend times for rest.

Don't worry about how the HR give the comments about reference check.
what your wife can do is, do the best during interview session. The hiring decision is from hiring manager, not base on the outcome of reference check only.
Some companies will give a chance to candidate after knowing their previous condition.


This post has been edited by Jesse0916: May 24 2020, 06:53 PM
Justin.Loong
post Jun 25 2020, 12:33 PM

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QUOTE(year2020 @ May 18 2020, 11:37 AM)
Hi all,

Would like to get some advice. This is for my wife. She’s working as sales in 1 of local bank in Malaysia. Been working there for the past 6 years. She’s already permanent staff. One extra piece of information, my wife is now pregnant and due to deliver in mid-October.

Basically she has to meet 70% of sales target in order to avoid PIP. She already failed to meet this target back in Jan and Feb. For March and April, there’s no need to hit the target due to Covid 19. So May is the final months for her in order to hit this target (she will need to hit the target in June as well in order to exit PIP).

Her direct manager is supportive but there’s not much he can do. If my wife can’t hit the target this month, then HR will asked her to tender resignation rather than terminating her. Below are our concern.
1. If she tender resignation as per HR recommendation, then she will lose out on EIS benefit (My concern). I do believe that if terminated by HR then will be able to claim for EIS benefit, please correct me if I’m wrong. She just need to prove that she's actively looking for job however I doubt any employer will want to employ her when they realized she's pregnant but this is not her fault as she's still will be actively looking for job.
2. If she get terminated instead, then this kinda leave a bad record for future employer (her concern). As recently jobs in banking industry go through stringent process and definitely new employer will check with current HR. Termination does sound bad compared to voluntary resigned.
3. Either way, she will not be able to find a new job due to being pregnant and how the market situation at the moment. I foresee if 1 or 2 happened, then the soonest she can start working is mid December/early January.

Any advice is appreciated. Thank you all.
*
Hi TS,
Just curious to know who gave the PIP to your wife?
Because you mentioned that her direct manager is supportive so couldn't be the manager ho gave the PIP to your wife right? hmm.gif
TSyear2020
post Jun 25 2020, 08:57 PM

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Hi All,

Just wanted to provide update. At the end my wife will voluntarily resigned and July will be her last month. Some of the suggestion here really good and although I was stressed out due to this situation, I think it turn out okay at the end.

Thank you all for all the suggestion and advice.
Maria Takagi
post Jun 25 2020, 10:45 PM

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well at least this gives your wife the chance to rest and take care of the baby.
PrincZe
post Jun 26 2020, 02:20 PM

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QUOTE(year2020 @ Jun 25 2020, 08:57 PM)
Hi All,

Just wanted to provide update. At the end my wife will voluntarily resigned and July will be her last month. Some of the suggestion here really good and although I was stressed out due to this situation, I think it turn out okay at the end.

Thank you all for all the suggestion and advice.
*
so voluntarily resign mean no money. good luck bruce.gif
Justin.Loong
post Jun 26 2020, 03:23 PM

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QUOTE(year2020 @ Jun 25 2020, 08:57 PM)
Hi All,

Just wanted to provide update. At the end my wife will voluntarily resigned and July will be her last month. Some of the suggestion here really good and although I was stressed out due to this situation, I think it turn out okay at the end.

Thank you all for all the suggestion and advice.
*
Wishing all the best to your wife and you. Hope that things will turn out for the better.

 

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