'documented evidence that you are failing to perform your job'. It's the same where i live. But here (nl) it basically means that you can be fired at will anyways. employers will write down their version to set up a case. lawyers dont really try these cases because their rates are high enough employees cant afford a court case. They prefer settling these cases, so you get fired, but you typically get some money. after i found that out, i did not really bother with the whole permanent contract thing at all anymore.