Dear Seniors,
We have retrenched one employee recently. One month after, he was verbally informed to improve his performance, which he did not. Another month passed, and he was verbally instructed not to come to the office starting the next day as he had not coped with his performance.
He does not have an appointment or offer letter; he only has access to his HR portal where he retrieves his payslip and company identity card. He has been working with us for the past 2 years. Recently, he sent a letter to the board detailing the aforementioned situation and questioning why he should not rejoin his duties. If he does not receive any response within 7 days, he intends to seek legal assistance.
Kindly advise on the above situation.
Regards,
U Moitra.
From India, Kolkata
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1We have retrenched one employee recently. One month after, he was verbally informed to improve his performance, which he did not. Another month passed, and he was verbally instructed not to come to the office starting the next day as he had not coped with his performance.
He does not have an appointment or offer letter; he only has access to his HR portal where he retrieves his payslip and company identity card. He has been working with us for the past 2 years. Recently, he sent a letter to the board detailing the aforementioned situation and questioning why he should not rejoin his duties. If he does not receive any response within 7 days, he intends to seek legal assistance.
Kindly advise on the above situation.
Regards,
U Moitra.
From India, Kolkata
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Hello U Moitra,
I don't understand how your company just fired without anything being in writing. Basic human psychology is that anyone would resist if his/her job is at stake - didn't your company expect this employee to go legal? Frankly, that's surprising.
I guess the only choice you now have is to consult your company lawyer ASAP. He has proofs of working in your company, while you don't have any proofs of his low performance and intimating him of it.
All the best.
Regards,
TS
From India, Hyderabad
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I don't understand how your company just fired without anything being in writing. Basic human psychology is that anyone would resist if his/her job is at stake - didn't your company expect this employee to go legal? Frankly, that's surprising.
I guess the only choice you now have is to consult your company lawyer ASAP. He has proofs of working in your company, while you don't have any proofs of his low performance and intimating him of it.
All the best.
Regards,
TS
From India, Hyderabad
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Dear Sir/Madam,
Kindly note that we have suspended one employee on 24/2/13 for 7 days, but he did not accept the letter and went on leave. On 07/03/13, he resumed his duties, and we informed him that he had refused to accept the order on 23/2/13, and his suspension order had been sent to his residence via courier on 07/03/13. The draft letter contains as follows:
Date: 07/03/13
Subject: Suspension Order
Reference to our earlier letter dated 23/02/2013, wherein you were issued a suspension order by us. You refused to accept the suspension order and left the office premises on the same day. You were absconding from your duty from 24/02/2013 and suddenly joined today. On enquiry, you conveyed that you went on leave without any prior approval of your HOD.
Your such action is not at all accepted by the management, and the management has decided to suspend you from your official duty until further notice.
Now the management wants to terminate him immediately and agreed to pay 1 month's salary to him.
What letter should I issue to him now for immediate termination?
Request for your kind advice, please.
Thanks & regards,
U Moitra.
From India, Kolkata
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Kindly note that we have suspended one employee on 24/2/13 for 7 days, but he did not accept the letter and went on leave. On 07/03/13, he resumed his duties, and we informed him that he had refused to accept the order on 23/2/13, and his suspension order had been sent to his residence via courier on 07/03/13. The draft letter contains as follows:
Date: 07/03/13
Subject: Suspension Order
Reference to our earlier letter dated 23/02/2013, wherein you were issued a suspension order by us. You refused to accept the suspension order and left the office premises on the same day. You were absconding from your duty from 24/02/2013 and suddenly joined today. On enquiry, you conveyed that you went on leave without any prior approval of your HOD.
Your such action is not at all accepted by the management, and the management has decided to suspend you from your official duty until further notice.
Now the management wants to terminate him immediately and agreed to pay 1 month's salary to him.
What letter should I issue to him now for immediate termination?
Request for your kind advice, please.
Thanks & regards,
U Moitra.
From India, Kolkata
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