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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12554
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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i am from malaysia (which is not listed in your list of countries0 i

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i am from malaysia (which is not listed in your list of countries0
i am to be promoted to a higher position and given 6 months probation. My salary was increased with relevant perks befitting the position. There was a salary adjustment and adjustment was made based on my probationary position.

6 months passed without any notification but at the end of 12 months i was verbally informed that i will not be confirmed (promoted).

Is it legal if my salary was readjusted (reduced) and perks withdrawn to realign to my previous lower designation?

thank you

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Thank you for your question and the opportunity to be of service. I need a bit more information, if you do not mind,

 

 

1. When you were promoted, did your employer assure you of the time frame, i.e., the 6-month period, in writing ?

 

 

2. How was the employer supposed to let you know if the probationary period was over and your new position confirmed ?

 

 

Thank you,

 

 

ANDREA

 

 

 

 

 

 

 

Customer: replied 3 years ago.
1)the employer informed that probation is between 6 - 12 months in writing

2) the employer via the letter says;
(a) If your performance and leadership behavior are satisfactory, the company shall confirm you in your position.
(b) If your performance and leadership behavior are unsatisfactory, the company shall have the right to reappoint you to another position and to withdraw the adjustment and benefits accorded to this position

ps: it does not say how it will confirm/withdraw. I was verbally given the news by my Superior

Thank you for your additional information,

 

It appears that the employer could notify you either in writing or verbally that your promotion to a new position was confirmed or withdrawn.

 

Regarding the probationary period, regardless of what your employer might have verbally told you, the letter which gives you information on what to expect, states that the probationary period can be up to 12 months. Therefore, the fact that nothing was said as of the 6-month mark, does not affect the employer because the letter states that they had 12 months within which to decide. This is often done where 6 months is not enough time to assess or evaluate the employee in the new position and rather than make a mistake, they prefer to observe the employee for a longer period of time.

 

The letter also states that if an employee's promotion is not confirmed, then they shall be reappointed and the letter also states that the employer has the right to withdraw the adjustment and benefits that went with the promotion.

 

I wish I could give you the Answer you were hoping for and it would have given me great pleasure to do so, but I have an ethical obligation to give you only correct Answers, so I am kindly asking you not to hold the law applicable to your situation against me.

 

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Thank you for allowing me the opportunity to be of service,

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