Greetings to all Seniors,
I am working with a well-known construction group as a Sr. Officer HR. I would like to seek your help in a court case we are dealing with regarding employee termination, having the following history.
The employee who has been terminated was working with us as a Sr. Manager Finance for our Pune region. He joined us in 2008, and we found him suitable, so his services were confirmed. During his tenure, we also observed some behavioral issues like being too rude with subordinates and juniors, and not following certain administrative rules. After a year, his behavior became a significant concern for the COO of the Pune office. The employee was advised to change his behavior. Despite warnings and counseling, some positive changes were noted, but they were short-lived. The same issues persisted. Our COO escalated the matter to the HR GM, who directed the employee to change his behavior or face termination. The employee refused to acknowledge the counseling letter and behaved rudely towards the COO.
Following this incident, the case was brought to top management, and a decision was made to terminate the employee immediately. A termination letter citing misconduct and misbehavior was issued. However, the employee pleaded to not disclose the reasons for termination in the letter, citing concerns for his future job prospects. His request was considered on humanitarian grounds, and the termination letter was amended. The company also paid him one month's salary, along with other allowances like bonuses and leave payments.
A month later, the employee filed a case against the company, claiming wrongful termination without prior notice and demanding three months' notice pay.
According to the employment contract outlined in the appointment letter given to all employees, termination without notice pay is permissible in cases of misconduct or misbehavior.
Despite this, acknowledging the employee's financial difficulties, the company paid him one month's salary. Our CMD has instructed us to pay him three months' salary to maintain the company's goodwill and avoid unnecessary legal disputes.
However, our COO disagrees and wants to contest the case, believing in the company's rightfulness. Our GM HR supports this stance, and so do I, having witnessed the incidents.
Therefore, I seek your expert advice and suggestions from both perspectives.
Thank you.
Regards,
Chitralekha
SR HR ADM Officer
Nirmal Lifestyle
From India, Pune
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2I am working with a well-known construction group as a Sr. Officer HR. I would like to seek your help in a court case we are dealing with regarding employee termination, having the following history.
The employee who has been terminated was working with us as a Sr. Manager Finance for our Pune region. He joined us in 2008, and we found him suitable, so his services were confirmed. During his tenure, we also observed some behavioral issues like being too rude with subordinates and juniors, and not following certain administrative rules. After a year, his behavior became a significant concern for the COO of the Pune office. The employee was advised to change his behavior. Despite warnings and counseling, some positive changes were noted, but they were short-lived. The same issues persisted. Our COO escalated the matter to the HR GM, who directed the employee to change his behavior or face termination. The employee refused to acknowledge the counseling letter and behaved rudely towards the COO.
Following this incident, the case was brought to top management, and a decision was made to terminate the employee immediately. A termination letter citing misconduct and misbehavior was issued. However, the employee pleaded to not disclose the reasons for termination in the letter, citing concerns for his future job prospects. His request was considered on humanitarian grounds, and the termination letter was amended. The company also paid him one month's salary, along with other allowances like bonuses and leave payments.
A month later, the employee filed a case against the company, claiming wrongful termination without prior notice and demanding three months' notice pay.
According to the employment contract outlined in the appointment letter given to all employees, termination without notice pay is permissible in cases of misconduct or misbehavior.
Despite this, acknowledging the employee's financial difficulties, the company paid him one month's salary. Our CMD has instructed us to pay him three months' salary to maintain the company's goodwill and avoid unnecessary legal disputes.
However, our COO disagrees and wants to contest the case, believing in the company's rightfulness. Our GM HR supports this stance, and so do I, having witnessed the incidents.
Therefore, I seek your expert advice and suggestions from both perspectives.
Thank you.
Regards,
Chitralekha
SR HR ADM Officer
Nirmal Lifestyle
From India, Pune
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Hi Chitralekha,
If it's clearly mentioned in his appointment letter that in case of misconduct, the employee will be terminated without notice pay, then there is no need to pay him anything towards the notice pay.
But yes, you should have all the required proof and evidence that misconduct or misbehavior took place. If he challenges the termination, the termination should be justifiable with all the evidence, like memos which you issued him, witnesses, etc.
Regards,
Rajeev Dixit
From India, Bangalore
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If it's clearly mentioned in his appointment letter that in case of misconduct, the employee will be terminated without notice pay, then there is no need to pay him anything towards the notice pay.
But yes, you should have all the required proof and evidence that misconduct or misbehavior took place. If he challenges the termination, the termination should be justifiable with all the evidence, like memos which you issued him, witnesses, etc.
Regards,
Rajeev Dixit
From India, Bangalore
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Thank you so much for your reply, Rajiv, sir.
As far as evidence is concerned, nothing in writing is there except email communications (whether accepted as evidence or not is doubtful). He had been verbally warned many times, and when the written counseling letter was drafted to hand over to him, he denied receiving it, as I mentioned to you. We are fighting this case, and I hope the truth wins.
Regards,
Chitralekha
From India, Pune
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As far as evidence is concerned, nothing in writing is there except email communications (whether accepted as evidence or not is doubtful). He had been verbally warned many times, and when the written counseling letter was drafted to hand over to him, he denied receiving it, as I mentioned to you. We are fighting this case, and I hope the truth wins.
Regards,
Chitralekha
From India, Pune
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Dear Govind Sir,
Wishing you a belated happy Lohri.
First of all, thank you so much for putting in your efforts and contributing your valuable suggestions.
Yes, you are right that his notice period in the Appointment letter was 3 months. However, as I mentioned, it is also stated in the Appointment Letter that if termination is due to misconduct, no pay will be provided.
I completely agree with your suggestions, which will definitely help me in the future. Even the point about the Chargesheet is acceptable. However, in our office, this was the first case we were facing, and my seniors didn't want to act harshly on the matter. Therefore, we were mistaken in handing over a Chargesheet to him. As you mentioned, the counseling letter was not sent to the employee's residential address. Nonetheless, my COO informed the top management and GM HR on the same day via email that the employee had refused to accept it.
We have printed out all the email communications related to the above issue, and if the court accepts it as proof, the matter may be resolved easily.
Thank you.
With Warm Regards,
Chitralekha
From India, Pune
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Wishing you a belated happy Lohri.
First of all, thank you so much for putting in your efforts and contributing your valuable suggestions.
Yes, you are right that his notice period in the Appointment letter was 3 months. However, as I mentioned, it is also stated in the Appointment Letter that if termination is due to misconduct, no pay will be provided.
I completely agree with your suggestions, which will definitely help me in the future. Even the point about the Chargesheet is acceptable. However, in our office, this was the first case we were facing, and my seniors didn't want to act harshly on the matter. Therefore, we were mistaken in handing over a Chargesheet to him. As you mentioned, the counseling letter was not sent to the employee's residential address. Nonetheless, my COO informed the top management and GM HR on the same day via email that the employee had refused to accept it.
We have printed out all the email communications related to the above issue, and if the court accepts it as proof, the matter may be resolved easily.
Thank you.
With Warm Regards,
Chitralekha
From India, Pune
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Employee has filed a case where?
Do not fall prey to the unjustified demands of an errant employee. State the facts as they were. Fight in a court of law if he persists. I do not think he will persist. Alternatively, find out about his current job.
[QUOTE=Chitra Upadhye; 2013870]Greetings to all Seniors,
After one month, the same employee filed a case against the company, claiming he was terminated without prior notice and should be paid for three months' notice pay.
From India, Delhi
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Do not fall prey to the unjustified demands of an errant employee. State the facts as they were. Fight in a court of law if he persists. I do not think he will persist. Alternatively, find out about his current job.
[QUOTE=Chitra Upadhye; 2013870]Greetings to all Seniors,
After one month, the same employee filed a case against the company, claiming he was terminated without prior notice and should be paid for three months' notice pay.
From India, Delhi
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Hi Chitra,
Firstly, I think it was the right decision to terminate such kind of employee rather than having them on board. Also, when you have this point mentioned in the appointment letter which states that if termination is due to misconduct, then no pay will be provided, it's a very strong point that your legal team will support you on.
If there is any proof of counseling provided to him, it will be an added advantage to win the case. Your employees who have actually witnessed his rude behavior can provide good support to close this case. Nothing to worry about; I guess your team will win.
Regards,
Chanchal
From India, Thana
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Firstly, I think it was the right decision to terminate such kind of employee rather than having them on board. Also, when you have this point mentioned in the appointment letter which states that if termination is due to misconduct, then no pay will be provided, it's a very strong point that your legal team will support you on.
If there is any proof of counseling provided to him, it will be an added advantage to win the case. Your employees who have actually witnessed his rude behavior can provide good support to close this case. Nothing to worry about; I guess your team will win.
Regards,
Chanchal
From India, Thana
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Dear Chitra,
He is a management employee of the company. If he wants to file a case against the company, he will have to do so under the Contract Act, which falls under the purview of the civil court. Please send a detailed reply to his legal letter. Additionally, draft a legal letter addressing the threat to defame the company's name.
I really fail to understand how a company like Nirmal Lifestyle can't afford a good lawyer to address such legal queries. Why have you raised a question of such a sensitive nature on a public forum along with your company name?
Regards,
Octavious
From India, Mumbai
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He is a management employee of the company. If he wants to file a case against the company, he will have to do so under the Contract Act, which falls under the purview of the civil court. Please send a detailed reply to his legal letter. Additionally, draft a legal letter addressing the threat to defame the company's name.
I really fail to understand how a company like Nirmal Lifestyle can't afford a good lawyer to address such legal queries. Why have you raised a question of such a sensitive nature on a public forum along with your company name?
Regards,
Octavious
From India, Mumbai
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Hi Chitra Lekha,
This is Basha from Hyderabad. I support your CEO's decision to take action against the employee who was misbehaving with other staff. You have shown that all employees are equal when it comes to discipline. You should take some employees to court as evidence to prove what he has done. Tell the court that you brought him because you don't have any written evidence since he refused to receive any letters from you. Also, mention that you did not state the reason for termination because he requested you not to.
Be careful in the future.
M. Mahaboob Basha
Manager - HR
Prime Hospitals
From India, Hyderabad
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This is Basha from Hyderabad. I support your CEO's decision to take action against the employee who was misbehaving with other staff. You have shown that all employees are equal when it comes to discipline. You should take some employees to court as evidence to prove what he has done. Tell the court that you brought him because you don't have any written evidence since he refused to receive any letters from you. Also, mention that you did not state the reason for termination because he requested you not to.
Be careful in the future.
M. Mahaboob Basha
Manager - HR
Prime Hospitals
From India, Hyderabad
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Hi Chitralekha,
The mistake that can be considered in this case is taking his request of not disclosing the reason for termination and considering him on humanitarian grounds.
As HR professionals, we cannot be lenient towards such individuals. It is clearly mentioned in the appointment letter that in cases of misconduct and misbehavior, an employee can be terminated without any notice pay. However, because of his request not to share the issue with anybody, if you haven't included the above-mentioned reason for termination in the termination letter, then I believe you can't take any action.
You should have stated the correct reason in the termination letter.
It is important to gather strong evidence and witnesses.
Thank you.
From India, Gurgaon
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The mistake that can be considered in this case is taking his request of not disclosing the reason for termination and considering him on humanitarian grounds.
As HR professionals, we cannot be lenient towards such individuals. It is clearly mentioned in the appointment letter that in cases of misconduct and misbehavior, an employee can be terminated without any notice pay. However, because of his request not to share the issue with anybody, if you haven't included the above-mentioned reason for termination in the termination letter, then I believe you can't take any action.
You should have stated the correct reason in the termination letter.
It is important to gather strong evidence and witnesses.
Thank you.
From India, Gurgaon
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Hi Chitra,
I very much agree with what Octavious has replied. Why are you discussing this issue on a public forum and also with your COMPANY NAME...? I don't think you need to play any role in this. I would suggest not disclosing such confidential issues on public forums and letting your Top Management solve this issue. I understand that you may be seeking information, but disclosing the company's name is not the right way to seek knowledge. By doing this, you are somewhat spoiling your Company's goodwill on the public forum.
Thanks & Regards,
Priyanka Vinda
Sr. Manager - HR
From India, Ahmadabad
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I very much agree with what Octavious has replied. Why are you discussing this issue on a public forum and also with your COMPANY NAME...? I don't think you need to play any role in this. I would suggest not disclosing such confidential issues on public forums and letting your Top Management solve this issue. I understand that you may be seeking information, but disclosing the company's name is not the right way to seek knowledge. By doing this, you are somewhat spoiling your Company's goodwill on the public forum.
Thanks & Regards,
Priyanka Vinda
Sr. Manager - HR
From India, Ahmadabad
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