Dear Members,
My friend has recently been terminated from her company. One month back, they asked her to resign on her own citing cost-cutting as the reason. The very next day, they told her not to do so. Now, one month later, they have again asked her to resign. However, when she asked to be given her confirmation letter when she resigned, so that it could be used for future references, she was told that she isn't confirmed. She explained that HR had verbally told her that she was, but they disagreed. Furthermore, when she persisted that she was a confirmed employee and asked for a reason for making her resign, they have now told her that they are terminating her and not to come to the office the next day.
The termination letter now cites that she was inadequate at working in her role and has been given reminders, which is completely false as till date no written or verbal communication has been made about her work, and she has been taking the work of seniors despite being a fresher. Also, they have been approving leave just like a confirmed employee. What should her course of action be? Please advise urgently.
From India, Thane
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My friend has recently been terminated from her company. One month back, they asked her to resign on her own citing cost-cutting as the reason. The very next day, they told her not to do so. Now, one month later, they have again asked her to resign. However, when she asked to be given her confirmation letter when she resigned, so that it could be used for future references, she was told that she isn't confirmed. She explained that HR had verbally told her that she was, but they disagreed. Furthermore, when she persisted that she was a confirmed employee and asked for a reason for making her resign, they have now told her that they are terminating her and not to come to the office the next day.
The termination letter now cites that she was inadequate at working in her role and has been given reminders, which is completely false as till date no written or verbal communication has been made about her work, and she has been taking the work of seniors despite being a fresher. Also, they have been approving leave just like a confirmed employee. What should her course of action be? Please advise urgently.
From India, Thane
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Dear Gillian,
The information provided is inadequate. Please confirm the following about your friend:
a) Date of Joining: -
b) Last working day: -
c) Her designation: -
d) Number of juniors reported to her: -
e) Nature of the industry in which she works:
This information is required to assess whether provisions of the Industrial Disputes Act, 1947, apply to her. In addition to this, please confirm how her relations were with her manager, whether the company is in financial doldrums, or whether it was used as a ploy.
Thanks,
Dinesh Divekar
From India, Bangalore
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8034The information provided is inadequate. Please confirm the following about your friend:
a) Date of Joining: -
b) Last working day: -
c) Her designation: -
d) Number of juniors reported to her: -
e) Nature of the industry in which she works:
This information is required to assess whether provisions of the Industrial Disputes Act, 1947, apply to her. In addition to this, please confirm how her relations were with her manager, whether the company is in financial doldrums, or whether it was used as a ploy.
Thanks,
Dinesh Divekar
From India, Bangalore
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Gillian, I suggest you check your country's labor act and what it says about unfair termination. Then also study your organization's policy on termination. Compare that and make your case. Also, were you given a letter the first time you were told to resign, and what contract do you have with your organization.
From Ghana, Accra
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From Ghana, Accra
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Dear Dinesh Divekar,
a) Date of Joining: 21st Sept 2015
b) Last working day: 7th Oct 2016
c) Her designation: Copy Writer (Junior fresher)
d) Number of juniors reported to her: None (but she was asked to coordinate on various high-profile projects like photo shoots. She even published a book for them.)
e) Nature of the industry in which she works: Medical publishing company
As far as I am aware, her relationship with her ex-manager was superb, and he has also given her an amazing recommendation letter. Her relationship with her colleagues was great. She wasn't really aware if the company is in financial doldrums. She believes it is unjust as just a month before she was told to resign due to cost-cutting.
Dear Juliana Bentil,
She wasn't given a letter the first time she was told to resign. Neither was she verbally or non-verbally made aware that her work wasn't up to the mark.
From India, Thane
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a) Date of Joining: 21st Sept 2015
b) Last working day: 7th Oct 2016
c) Her designation: Copy Writer (Junior fresher)
d) Number of juniors reported to her: None (but she was asked to coordinate on various high-profile projects like photo shoots. She even published a book for them.)
e) Nature of the industry in which she works: Medical publishing company
As far as I am aware, her relationship with her ex-manager was superb, and he has also given her an amazing recommendation letter. Her relationship with her colleagues was great. She wasn't really aware if the company is in financial doldrums. She believes it is unjust as just a month before she was told to resign due to cost-cutting.
Dear Juliana Bentil,
She wasn't given a letter the first time she was told to resign. Neither was she verbally or non-verbally made aware that her work wasn't up to the mark.
From India, Thane
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