What To Do After Losing Probation
You were let go during your probation period and are unsure what to do right after.
Your probation ended early, and the shock of it is making it hard to think through what comes next.
A short, practical order of steps can help more right now 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, since that single date starts your sixty day window to act1. Ask for the reason in writing if your employer has not already given you one clearly.
Do not sign anything you are handed on the spot, even if it looks routine. Ask to take it home and read it again once the shock has settled.
What should you gather about your probation itself?
Collect your offer letter, any probation targets you were given, and every piece of feedback, good or bad, from your time there. This record is often the single most useful thing you can prepare.
Compare what you were actually told to achieve against the reason given for your dismissal, and note any gaps between the two.
Does being unconfirmed change what you should do now?
No. The same immediate steps apply as for any other dismissal, and your employer still carries the burden of showing a fair reason existed2. Being on probation does not lower that standard.
Knowing this can also change how you read your dismissal letter. A vague or generic reason is worth flagging rather than accepting at face value.
Who else should you talk to about this?
Avoid discussing the details widely with colleagues before you have a clearer sense of your own position. A lawyer, rather than a friend or a fellow probationer, is the better first call for specific guidance.
If you need emotional support, lean on people entirely separate from your former workplace.
What should you do this week?
Use the deadline calculator to confirm exactly how many days you have left to file a Section 20 representation. Read about common myths regarding probation if you are unsure what rights you actually have in this situation.
A short conversation with a lawyer now can save you from decisions that are hard to undo later.
None of these steps require you to have made a final decision yet. They simply keep your options open while you work out what feels right for you.
A lawyer can look at your probation targets and feedback history to judge how solid your employer's stated reason really is.
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 sixty day window. Ask for the reason in writing if it was not already 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 sixty day deadline and the need to gather evidence are identical regardless of your confirmation status.
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 under pressure to respond 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 sixty 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
A lawyer can look at your probation targets and feedback history to judge how solid your employer's stated reason really is.