can an organization bring back an employee (who is not new) to on a two month or one month probation due to their poor performance? and mention that you are on probation to fix your performance.

I assume, based on your question, that you were previously terminated by this employer without cause. An employer can terminate an employee without cause at any time as long as they provide you with the required notice or pay in lieu of notice. They are not required to provide you with a reason for your termination. At the time of your termination, the employment relationship with you and your employer ended.

If the above is correct, then your question indicates that you have been rehired by the same employer to start a new term of employment, subject to a new employment agreement. If this is the case, the employer can treat you as a new employee, subject to the terms of your new employment contract, which may include clause which subjects you to a probationary period of up to three months.

If the employer did not discuss your performance issues previous to your termination, this does not prevent them from putting you on probation during this new employment period since you are now subject to a fresh employment contract, and beginning a new term of employment with them as if you were a new employee.

Please feel free to contact our office to speak with one of our lawyers if you have further concerns, or wish to have your employment offer reviewed before you sign it.