Hi all,
I have been working in a BPO for two months as an assistant manager in HR, and my company is terminating me because I approached the CEO directly. However, I was informed by my senior that he holds the position of Executive Director in the company. Now, everyone is manipulating the situation, and I have been terminated without any prior notice. The decision came suddenly, and I feel cheated.
Please suggest the disciplinary actions I can take against the company.
From India, Delhi
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7I have been working in a BPO for two months as an assistant manager in HR, and my company is terminating me because I approached the CEO directly. However, I was informed by my senior that he holds the position of Executive Director in the company. Now, everyone is manipulating the situation, and I have been terminated without any prior notice. The decision came suddenly, and I feel cheated.
Please suggest the disciplinary actions I can take against the company.
From India, Delhi
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My dear friend, politics is everywhere and in every company. Everybody tries to shoot the target by keeping the gun on others' shoulders. Only those survive who can handle these people well. I can only suggest you give up any idea to confront the company because they have a lot of power and can prove you wrong. So, please find a job somewhere else but don't mention anywhere that you have been terminated.
All the best,
DK
Sr. Executive HR
From India, Gurgaon
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All the best,
DK
Sr. Executive HR
From India, Gurgaon
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Hi,,team HR can you suggest me want would be the action which I can take against the company management. Regards Khushbu.
From India, Delhi
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From India, Delhi
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Dear Friend,
Greetings for the day!
It happens to almost everyone. You have two options:
1) Either you ask them the reason for termination. The repercussions will be that they will formulate a reason and give it to you. In the end, you will find yourself nowhere, and there would be unnecessary wastage of time. Also, if you proceed legally against the company and the ball is in your court, you cannot continue with them further as you will be given unnecessary assignments and unachievable targets.
2) Forget what had happened and find a new company where you can prove yourself and move forward.
Overall, these are all experiences, and you should learn from them. Always remember, everything happens for good; if one door closes, many others are opened.
Hope this serves the purpose.
Thanks and Regards,
Syed Yasar
Human Resources
From India, Delhi
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Greetings for the day!
It happens to almost everyone. You have two options:
1) Either you ask them the reason for termination. The repercussions will be that they will formulate a reason and give it to you. In the end, you will find yourself nowhere, and there would be unnecessary wastage of time. Also, if you proceed legally against the company and the ball is in your court, you cannot continue with them further as you will be given unnecessary assignments and unachievable targets.
2) Forget what had happened and find a new company where you can prove yourself and move forward.
Overall, these are all experiences, and you should learn from them. Always remember, everything happens for good; if one door closes, many others are opened.
Hope this serves the purpose.
Thanks and Regards,
Syed Yasar
Human Resources
From India, Delhi
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As per the termination provisions of the Shop and Establishment Act, a reasonable cause and one-month notice for removal apply only to employees who have continuously worked for the employer for 6 months. Refer to the KSCE Act section 18 read with rule 3 to check the provisions of dismissal in the Shop Act in your state.
If you are considering taking action out of revenge, you can file a complaint under the Industrial Disputes Act before the Assistant Labour Commissioner or the Labour Officer concerned.
From India, Thrissur
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If you are considering taking action out of revenge, you can file a complaint under the Industrial Disputes Act before the Assistant Labour Commissioner or the Labour Officer concerned.
From India, Thrissur
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Hi,
Many on this thread have given you the correct suggestions. It's a learning experience for you. Let me tell you the fact that when we acquire qualifications, we are not taught the manipulation and practical handling of our profession; it comes with better experiences. You have to be extra intelligent and talented to survive in the corporate world.
I suggest you acquire and hone your skills, look out for better opportunities, and rise to a level where you can make decisions. Then, you can fight against such injustices for others as well.
You need to work hard, stay positive, and you will be successful.
Thank you,
Bijay.
From India, Vadodara
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Many on this thread have given you the correct suggestions. It's a learning experience for you. Let me tell you the fact that when we acquire qualifications, we are not taught the manipulation and practical handling of our profession; it comes with better experiences. You have to be extra intelligent and talented to survive in the corporate world.
I suggest you acquire and hone your skills, look out for better opportunities, and rise to a level where you can make decisions. Then, you can fight against such injustices for others as well.
You need to work hard, stay positive, and you will be successful.
Thank you,
Bijay.
From India, Vadodara
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I don't know what kind of guys you are... instead of fighting, you guys are asking him to join a new job somewhere. Do one thing, dear - search for a job somewhere else, and after getting a job, file a case against that company and fight for your rights. Don't leave them in any case. Is it written somewhere that you will be fired if you contact the company CEO? After all, you are an employee and you have all the rights to do so.
From India, Madras
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From India, Madras
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Management has the right to manage. There is no law that I know of that restricts management from managing. There is no need for you to start fighting a cause you are doomed to. You worked for two months, and you want to make claims? It does not work like that.
From Nigeria, Lagos
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From Nigeria, Lagos
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Khushbu,
Just go with the majority. Find a new job. There is no need to sue the previous company as it will have a negative impact on your career. Be diplomatic in your next job. However, you can teach them a lesson by filing a written complaint directly to the CEO about what has happened. No need to worry, as mentioned above, if one door closes, many other doors will open automatically.
From India, Delhi
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Just go with the majority. Find a new job. There is no need to sue the previous company as it will have a negative impact on your career. Be diplomatic in your next job. However, you can teach them a lesson by filing a written complaint directly to the CEO about what has happened. No need to worry, as mentioned above, if one door closes, many other doors will open automatically.
From India, Delhi
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Dear Khusbu,
Almost all employment contracts in India have an "Employment at will" clause, meaning the employer can terminate your services anytime with or without cause. However, under the Industrial Dispute Act, they need to pay one month's notice salary.
From India, Bhubaneswar
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Almost all employment contracts in India have an "Employment at will" clause, meaning the employer can terminate your services anytime with or without cause. However, under the Industrial Dispute Act, they need to pay one month's notice salary.
From India, Bhubaneswar
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Dear Khushbu,
I suggest you learn from what you have experienced and start fresh with a new company with a positive attitude. Avoid mentioning that you were terminated. Politics exist in every field, so analyze the situation carefully before making any decisions.
Regards,
Harsha
From India
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I suggest you learn from what you have experienced and start fresh with a new company with a positive attitude. Avoid mentioning that you were terminated. Politics exist in every field, so analyze the situation carefully before making any decisions.
Regards,
Harsha
From India
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Dear Khushbu,
First of all, what is your level in the organization? What was the necessity for you to discuss with the CEO? What did you discuss? These are all areas you need to know when you are in orientation and if you have started your relationship on a good note. No one in the management worth their salt will simply fire someone just because a new employee has broken the hierarchy or chain of command in reporting. There must be something else.
You have mentioned that you were fired. This is a loose term and can be used to suit the needs and circumstances. What is your immediate superior's stance? You are in HR, and you are supposed to know the basics of HR orientation.
If they have already decided and your termination is expected, you may submit your resignation. Move on. The world is vast. Do not repeat the mistake in your future, and do not take the company to a legal forum. Engaging in a fight that will ruin your career. You may feel temporarily satisfied for nothing. In the long run, and on your career journey, you will create unnecessary issues.
Try not to make emotional decisions. Step back for a day if you have not done so. If it is too late, resign. However, reflect on the entire episode and conduct a SWOT analysis. You will find things clearer as the days pass.
All the best.
V. Rangarajan.
From India, Pune
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First of all, what is your level in the organization? What was the necessity for you to discuss with the CEO? What did you discuss? These are all areas you need to know when you are in orientation and if you have started your relationship on a good note. No one in the management worth their salt will simply fire someone just because a new employee has broken the hierarchy or chain of command in reporting. There must be something else.
You have mentioned that you were fired. This is a loose term and can be used to suit the needs and circumstances. What is your immediate superior's stance? You are in HR, and you are supposed to know the basics of HR orientation.
If they have already decided and your termination is expected, you may submit your resignation. Move on. The world is vast. Do not repeat the mistake in your future, and do not take the company to a legal forum. Engaging in a fight that will ruin your career. You may feel temporarily satisfied for nothing. In the long run, and on your career journey, you will create unnecessary issues.
Try not to make emotional decisions. Step back for a day if you have not done so. If it is too late, resign. However, reflect on the entire episode and conduct a SWOT analysis. You will find things clearer as the days pass.
All the best.
V. Rangarajan.
From India, Pune
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Dear Khushbu,
I fail to understand the reason given for your termination, "because I have approached my CEO directly." This cannot be a valid reason to terminate any employee. Could you provide more details on why you reached out to your CEO? If this is indeed the reason for your termination, then yes, you can take legal action against the company. The Supreme Court has rulings stating that even when terminating a probationer for disciplinary reasons, a proper inquiry must be conducted, which I believe was not done in your case.
However, if your termination is due to performance issues, you may not be able to take action against them as they have the right to do so in that scenario. I recommend checking your termination letter for the stated reason and then deciding your course of action.
Please let me know if you need further assistance.
From India, New Delhi
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I fail to understand the reason given for your termination, "because I have approached my CEO directly." This cannot be a valid reason to terminate any employee. Could you provide more details on why you reached out to your CEO? If this is indeed the reason for your termination, then yes, you can take legal action against the company. The Supreme Court has rulings stating that even when terminating a probationer for disciplinary reasons, a proper inquiry must be conducted, which I believe was not done in your case.
However, if your termination is due to performance issues, you may not be able to take action against them as they have the right to do so in that scenario. I recommend checking your termination letter for the stated reason and then deciding your course of action.
Please let me know if you need further assistance.
From India, New Delhi
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Dear Khushbu,
I read your post and reply thereof by many members of the CiteHR.
Your post is not very clear, on one hand you have written that your company is going to terminate you and on the other hand you said you have been terminated without any reasons. So there is conflict of opinion on the subject by the readers also.
Now let us examine the problem from some other angle.
You joined the company just two months ago as Asstt. Manager HR there may be series of higher rank officers in your organization/company but it is not understood as to what prompted you to ignore all of them and to approach the CEO directly. Reason what so ever, but it is very clear you knowingly/Unknowingly break the system of liner management and invited the trouble yourself and now no one else can be held responsible for the same.
It would be just possible that your CEO might have not like the same and it may be his decision only for which you are blaming others.
When you have chosen to develop you career in HR you have to understand the managements’ Philosophy and its expectation too.
Some times what is visible not always correct and you yourself should examine the whole episode and evaluate your decision, no one else can help you. Rather I would suggest stop blaming to others without any valid reasons from the mail of you at least I could not find any reason which can be term as politics against you. My analyses may presently surprise you but with the passes of time you will understand it.
Now coming to your second query there is no way by which you can take any “disciplinary action” against the management. However, if the terms and conditions of your employment permit you for any benefit or claim you may act accordingly.
Instead of going for a battle with the management it is rightly suggested by some member that you should search for some better opportunity and learn from the past experience.
Pkjain
From India, Delhi
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I read your post and reply thereof by many members of the CiteHR.
Your post is not very clear, on one hand you have written that your company is going to terminate you and on the other hand you said you have been terminated without any reasons. So there is conflict of opinion on the subject by the readers also.
Now let us examine the problem from some other angle.
You joined the company just two months ago as Asstt. Manager HR there may be series of higher rank officers in your organization/company but it is not understood as to what prompted you to ignore all of them and to approach the CEO directly. Reason what so ever, but it is very clear you knowingly/Unknowingly break the system of liner management and invited the trouble yourself and now no one else can be held responsible for the same.
It would be just possible that your CEO might have not like the same and it may be his decision only for which you are blaming others.
When you have chosen to develop you career in HR you have to understand the managements’ Philosophy and its expectation too.
Some times what is visible not always correct and you yourself should examine the whole episode and evaluate your decision, no one else can help you. Rather I would suggest stop blaming to others without any valid reasons from the mail of you at least I could not find any reason which can be term as politics against you. My analyses may presently surprise you but with the passes of time you will understand it.
Now coming to your second query there is no way by which you can take any “disciplinary action” against the management. However, if the terms and conditions of your employment permit you for any benefit or claim you may act accordingly.
Instead of going for a battle with the management it is rightly suggested by some member that you should search for some better opportunity and learn from the past experience.
Pkjain
From India, Delhi
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Dear Friend,
As everyone has mentioned, it is practically wise to find another job. However, from a legal standpoint, no employee can be terminated without valid reasons. Moreover, termination can only occur after conducting a domestic inquiry and establishing guilt.
It is important to note that as someone working in a managerial capacity, you do not fall under the definition of a "Workman" as specified in the Industrial Disputes Act. Therefore, only a workman can seek remedies under the Industrial Disputes Act.
Your main recourse against your employer would be to seek damages for their unlawful actions. Additionally, it is crucial to understand that a civil court has the authority to order reinstatement, but this is subject to the terms of the contract you have with the employer.
I recommend filing a lawsuit to claim damages and exploring job opportunities in another company.
From India, Thiruvananthapuram
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As everyone has mentioned, it is practically wise to find another job. However, from a legal standpoint, no employee can be terminated without valid reasons. Moreover, termination can only occur after conducting a domestic inquiry and establishing guilt.
It is important to note that as someone working in a managerial capacity, you do not fall under the definition of a "Workman" as specified in the Industrial Disputes Act. Therefore, only a workman can seek remedies under the Industrial Disputes Act.
Your main recourse against your employer would be to seek damages for their unlawful actions. Additionally, it is crucial to understand that a civil court has the authority to order reinstatement, but this is subject to the terms of the contract you have with the employer.
I recommend filing a lawsuit to claim damages and exploring job opportunities in another company.
From India, Thiruvananthapuram
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Thank you to all who shared their valuable time and suggestions. And Varun, no, it's not written anywhere, and it was mentioned by my ED that for a particular issue, I need to contact my CEO. What I did? I have done nothing from my side; I have only done those things which were instructed by my company's ED.
From India, Delhi
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From India, Delhi
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In that scenario, you write your complaint to the ED with a copy marked to the CEO, attaching a copy of your termination. If the ED has asked you to approach the CEO, he will certainly help you in retaining your job as you claim that you have not done anything wrong.
From India, Ahmadabad
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From India, Ahmadabad
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Dear You should take advice from a lawyer and solve your problem.your company will give one month notice before termination SURINDER SINGH Sr Exec HR & Personnel
From India, Gurgaon
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From India, Gurgaon
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The course of action available to you would depend entirely on your Appointment Letter - specifically with regard to the Period of Probation and/or Notice defined therein.
Specifically, any company has the right of termination - without notice or reason, in the Period of Probation, which is normally 6 months in most Appointment Letters. If that's the case with you, you don't even have any legal grounds to proceed.
The biggest risk of any proceeding against the company is that it may be reflected in your Relieving Letter, and as such, will become a part of your permanent employment record - unless the rewards of any action are expected to be substantial, you're better off letting the matter go.
Hope this helps .... Jayant Tewari Out-Sourced CFO, Bangalore
From India, Bangalore
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Specifically, any company has the right of termination - without notice or reason, in the Period of Probation, which is normally 6 months in most Appointment Letters. If that's the case with you, you don't even have any legal grounds to proceed.
The biggest risk of any proceeding against the company is that it may be reflected in your Relieving Letter, and as such, will become a part of your permanent employment record - unless the rewards of any action are expected to be substantial, you're better off letting the matter go.
Hope this helps .... Jayant Tewari Out-Sourced CFO, Bangalore
From India, Bangalore
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Hi,
First, as others have pointed out, your termination seems legally tenable as you are on a probation period. Secondly, nobody will give you any reason in writing as to why you have been asked to quit. They are not bound to do so. Do not waste your time and energy. Quit and look for a new job.
Regards, Col. Rathi
From India, Delhi
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First, as others have pointed out, your termination seems legally tenable as you are on a probation period. Secondly, nobody will give you any reason in writing as to why you have been asked to quit. They are not bound to do so. Do not waste your time and energy. Quit and look for a new job.
Regards, Col. Rathi
From India, Delhi
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Dear Kushboo,
Please check your offer letter. In that, you will find the terms and conditions. Look for the point "We can terminate you at any time." If it is not there, then send a formal email to your company CEO and your immediate boss (provide a valid reason for meeting the CEO). Otherwise, you can approach the consumer and human rights court.
In case you find the term "We can terminate you at any time" and you have already signed, please consider looking for a better job.
Thank you.
From India, Delhi
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Please check your offer letter. In that, you will find the terms and conditions. Look for the point "We can terminate you at any time." If it is not there, then send a formal email to your company CEO and your immediate boss (provide a valid reason for meeting the CEO). Otherwise, you can approach the consumer and human rights court.
In case you find the term "We can terminate you at any time" and you have already signed, please consider looking for a better job.
Thank you.
From India, Delhi
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If the terms of your offer say you can be fired without assigning any reason, there is not much any legal option will give you.
In any case, it would hardly pay in the long run to fight and try to cling to your job in this company. It's a BPO job, and there are plenty of companies. Why would you want to waste any more time and energy in a company that can terminate you at will.
From India, Delhi
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In any case, it would hardly pay in the long run to fight and try to cling to your job in this company. It's a BPO job, and there are plenty of companies. Why would you want to waste any more time and energy in a company that can terminate you at will.
From India, Delhi
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Please don't take any action. You may face some difficulties in finding a job because when recruiters verify your background information, they will find that you have been terminated. It is better to accept your termination and understand the reason for it. Employers have the right to terminate you at any time without giving any notice!
From India, Hyderabad
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From India, Hyderabad
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Dear,
You might be in a probationary period, so a 24-hour notice or a day's salary accordingly has to be given. It's a waste to proceed legally as it will create complications and waste time and money for you! It's also difficult to work in an environment where you have been terminated. I hope and wish you will get a job soon....
From India, New Delhi
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You might be in a probationary period, so a 24-hour notice or a day's salary accordingly has to be given. It's a waste to proceed legally as it will create complications and waste time and money for you! It's also difficult to work in an environment where you have been terminated. I hope and wish you will get a job soon....
From India, New Delhi
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Dear Khushbu,
I am terribly sorry to hear about what happened to you. In fact, had there been a good reason for your termination, one would have appreciated it. But oral termination just for meeting with the MD is highly unethical and unprofessional. However, you would appreciate that most companies in India believe in such types of management practices. There are only a handful of good companies in India where management is open and encourages employees to meet the MD without any fear. I remember one of the incidents told long back by one of the gentlemen belonging to our fraternity, that an employee of his company was terminated because he was found making finger marks on the dust-coated body of the car of the MD of that company. There are hundreds of such examples where employees have been wrongfully terminated without sufficient and valid grounds. Now let's go back to the queries raised by you:
You cannot approach the Labour Department for redressal of your grievance as you don't fall under the definition of a workman under the ID Act. You were working in the capacity of Assistant Manager and must have been handling managerial activities; hence, this possibility is ruled out.
You may file a civil case, but the verdict will take a long time to come, and by the time the verdict comes (may or may not be in your favor), you will lose the importance of the verdict. Secondly, and most importantly, if your future employers come to know by any chance that you are fighting a legal suit against your previous employer, it will create a very bad impression in their minds, and I think the situation will once again turn against you. In many companies, the HR Department gives a Job Application Form before interviews, where there is a column in which one has to state whether he/she has ever been convicted or has any case pending before any court. If you conceal this fact and later on when your employer comes to know about it, they will take suitable disciplinary action against you for concealing the same as you also sign the document (Job Application Form) and acknowledge that the information furnished by me is correct to the best of my knowledge. DK has rightly suggested that you give up the idea of confronting the company.
In the biblical battle between David and Goliath, David might have won, but in real life, Goliaths usually win. Your former company can also frame any goddamn charges against you and bring forward hundreds of pieces of evidence and witnesses to prove the charges. It may be difficult for you to defend yourself. Apart from this, fighting a legal suit will also cost a few thousand bucks and your valuable time. Let bygones be bygones and march forward head high...
I suggest you start looking for a job, and I am sure with your knowledge, skill, and experience, you shall be able to get a good job.
All the best. In case of doubt, please feel free to speak to me.
Regards,
Rakesh Pd Srivastav
From India, Gurgaon
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I am terribly sorry to hear about what happened to you. In fact, had there been a good reason for your termination, one would have appreciated it. But oral termination just for meeting with the MD is highly unethical and unprofessional. However, you would appreciate that most companies in India believe in such types of management practices. There are only a handful of good companies in India where management is open and encourages employees to meet the MD without any fear. I remember one of the incidents told long back by one of the gentlemen belonging to our fraternity, that an employee of his company was terminated because he was found making finger marks on the dust-coated body of the car of the MD of that company. There are hundreds of such examples where employees have been wrongfully terminated without sufficient and valid grounds. Now let's go back to the queries raised by you:
You cannot approach the Labour Department for redressal of your grievance as you don't fall under the definition of a workman under the ID Act. You were working in the capacity of Assistant Manager and must have been handling managerial activities; hence, this possibility is ruled out.
You may file a civil case, but the verdict will take a long time to come, and by the time the verdict comes (may or may not be in your favor), you will lose the importance of the verdict. Secondly, and most importantly, if your future employers come to know by any chance that you are fighting a legal suit against your previous employer, it will create a very bad impression in their minds, and I think the situation will once again turn against you. In many companies, the HR Department gives a Job Application Form before interviews, where there is a column in which one has to state whether he/she has ever been convicted or has any case pending before any court. If you conceal this fact and later on when your employer comes to know about it, they will take suitable disciplinary action against you for concealing the same as you also sign the document (Job Application Form) and acknowledge that the information furnished by me is correct to the best of my knowledge. DK has rightly suggested that you give up the idea of confronting the company.
In the biblical battle between David and Goliath, David might have won, but in real life, Goliaths usually win. Your former company can also frame any goddamn charges against you and bring forward hundreds of pieces of evidence and witnesses to prove the charges. It may be difficult for you to defend yourself. Apart from this, fighting a legal suit will also cost a few thousand bucks and your valuable time. Let bygones be bygones and march forward head high...
I suggest you start looking for a job, and I am sure with your knowledge, skill, and experience, you shall be able to get a good job.
All the best. In case of doubt, please feel free to speak to me.
Regards,
Rakesh Pd Srivastav
From India, Gurgaon
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Hi,
You contacted your CEO directly when your immediate superior was not there; that is not an offense. But I want to clarify one thing: for what reason did you contact him? Is it regarding something that could create some problem for your top management or conflicts between them? Why all of a sudden has your management taken a harsh decision, to the extent of termination? I think no one can terminate you without the CEO's prior intimation or at least post-intimation if you are working in a Small/Medium-level company.
When it comes to big companies, as some professionals have said earlier, politics will occur everywhere. It's a waste of time to go legally to sort out this issue unless you are financially sound.
Regards,
Shweta.
From India, Bangalore
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You contacted your CEO directly when your immediate superior was not there; that is not an offense. But I want to clarify one thing: for what reason did you contact him? Is it regarding something that could create some problem for your top management or conflicts between them? Why all of a sudden has your management taken a harsh decision, to the extent of termination? I think no one can terminate you without the CEO's prior intimation or at least post-intimation if you are working in a Small/Medium-level company.
When it comes to big companies, as some professionals have said earlier, politics will occur everywhere. It's a waste of time to go legally to sort out this issue unless you are financially sound.
Regards,
Shweta.
From India, Bangalore
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There is nothing wrong in approaching the CEO of the company. However, first of all, you should try to find the problem and the solution through the right medium. If your boss is the problem, go to his boss, and approaching the CEO should be the last option.
Since the management has decided to terminate you, please have a candid discussion with the management or ask for a second chance. As a last resort, you may approach the labor court for justice. It's not easy either.
From India, Madras
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Since the management has decided to terminate you, please have a candid discussion with the management or ask for a second chance. As a last resort, you may approach the labor court for justice. It's not easy either.
From India, Madras
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Dear Khushbu,
It appears that your company has terminated you without any notice or reason, treating you as if you were just a casual worker. I believe this may not be the sole reason for you directly approaching the CEO. There could be other underlying reasons, possibly related to any shortcomings on your part as an Assistant Manager - HR. Considering your role, responsible for advocating on behalf of others in such situations, how would you address such unjust causes if you cannot challenge them for your own case? My advice would be to start looking for another job, but do not let your previous company get away with such baseless justifications.
Mamta.
From India, Dehra Dun
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It appears that your company has terminated you without any notice or reason, treating you as if you were just a casual worker. I believe this may not be the sole reason for you directly approaching the CEO. There could be other underlying reasons, possibly related to any shortcomings on your part as an Assistant Manager - HR. Considering your role, responsible for advocating on behalf of others in such situations, how would you address such unjust causes if you cannot challenge them for your own case? My advice would be to start looking for another job, but do not let your previous company get away with such baseless justifications.
Mamta.
From India, Dehra Dun
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Friend,
I suggest you try to find a better job. I am also a victim of company politics. I worked for three years in a private company and was the best performer. I had given a lot of suggestions and ideas for the company to grow.
However, I won't blame the CEO. He is a talented individual and the only intelligent person in that company. I really pity him. Things worsened when he assigned a Chief Marketing Officer to handle everything and reduce his burden. This CMO was new and was looking for a reason to prove himself. I was performing the best, and he realized it would affect his status as he was not doing much.
One day, I made a mistake that was not serious. He seized the opportunity and terminated me on the spot, falsely claiming that I committed a serious offense that could lead to legal action. He even withheld my salary for that month.
Later, I emailed the CEO with a detailed explanation of the incident. He responded with an apology and instructed the managers to release my withheld salary.
Nevertheless, I am grateful as it motivated me to find a better job with a more positive work environment and colleagues. I am currently employed in a company with a position superior to my previous one. I have also received several other job offers.
Therefore, I thank the CMO for terminating me abruptly; otherwise, I might have wasted my career with incompetent individuals.
I also discovered they do not have PF and ESI accounts despite deducting from my pay for years.
Anyway, thanks to that individual! 😄
From India, Bangalore
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I suggest you try to find a better job. I am also a victim of company politics. I worked for three years in a private company and was the best performer. I had given a lot of suggestions and ideas for the company to grow.
However, I won't blame the CEO. He is a talented individual and the only intelligent person in that company. I really pity him. Things worsened when he assigned a Chief Marketing Officer to handle everything and reduce his burden. This CMO was new and was looking for a reason to prove himself. I was performing the best, and he realized it would affect his status as he was not doing much.
One day, I made a mistake that was not serious. He seized the opportunity and terminated me on the spot, falsely claiming that I committed a serious offense that could lead to legal action. He even withheld my salary for that month.
Later, I emailed the CEO with a detailed explanation of the incident. He responded with an apology and instructed the managers to release my withheld salary.
Nevertheless, I am grateful as it motivated me to find a better job with a more positive work environment and colleagues. I am currently employed in a company with a position superior to my previous one. I have also received several other job offers.
Therefore, I thank the CMO for terminating me abruptly; otherwise, I might have wasted my career with incompetent individuals.
I also discovered they do not have PF and ESI accounts despite deducting from my pay for years.
Anyway, thanks to that individual! 😄
From India, Bangalore
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Dear Friend,
Always remember one thing in your life: never run behind the job. You must have professional knowledge, be professionally strong, search within yourself, find out your weaknesses, and overcome them with solutions. The job will then run behind you.
Ask your reporting manager that you are quitting the organization today itself, but inquire about the reason for termination. Work on that weakness sincerely. The day is not far when you will be a successful person. Be happy that someone is pointing out your weaknesses.
Today, commit yourself to improving your professional knowledge and eliminating your weaknesses.
Thank you.
From India, Delhi
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Always remember one thing in your life: never run behind the job. You must have professional knowledge, be professionally strong, search within yourself, find out your weaknesses, and overcome them with solutions. The job will then run behind you.
Ask your reporting manager that you are quitting the organization today itself, but inquire about the reason for termination. Work on that weakness sincerely. The day is not far when you will be a successful person. Be happy that someone is pointing out your weaknesses.
Today, commit yourself to improving your professional knowledge and eliminating your weaknesses.
Thank you.
From India, Delhi
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Hi All, Dear Khusbhu , You can initiate legal action against the company as per your contract/Standing orders. Don’t worry & go ahead. Mudassar Shaikh MBA MPM D.L.L. & L.W
From India, Pune
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From India, Pune
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Ask your concern Manager about the feasible reason for termination. This is not a valid reason to terminate any employee from any organization. Review your appointment letter regarding the Termination policy and procedure.
If the termination policy and procedure are not mentioned in your appointment letter, then inquire with your Manager about:
- Termination Policy and Procedure
- Grievance Handling Procedure
Thanks,
Udit
HR Executive
WITS TECHNOLOGIES
From India, Noida
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If the termination policy and procedure are not mentioned in your appointment letter, then inquire with your Manager about:
- Termination Policy and Procedure
- Grievance Handling Procedure
Thanks,
Udit
HR Executive
WITS TECHNOLOGIES
From India, Noida
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Dear Kushboo,
With changing times and a changing world, the word "Ethics" is only found in dictionaries and organizations' websites/profiles. The CEO, when addressing the employees, would say that he/she believes in an "open-door policy" and you can "contact him/her" anytime. These are all "corporate gimmicks". Trying to fight this corporate nexus will not find any success as they are all part of the bigger web of unethical and corrupt management practices that include the said CEO.
These days, neither an employee is loyal to his/her employer nor the employer is loyal to their employees. Everything revolves around "money" and not around "ethics" or "honesty". The biggest problem the world is facing now is that we do not have "Leaders", we only have "managers".
So my sincere advice from my 20 years of experience ranging from the bottom end of the org chart to senior management roles is that, since it is only 2 months of your job, just forget that 2 months and start anew.
From United Kingdom
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With changing times and a changing world, the word "Ethics" is only found in dictionaries and organizations' websites/profiles. The CEO, when addressing the employees, would say that he/she believes in an "open-door policy" and you can "contact him/her" anytime. These are all "corporate gimmicks". Trying to fight this corporate nexus will not find any success as they are all part of the bigger web of unethical and corrupt management practices that include the said CEO.
These days, neither an employee is loyal to his/her employer nor the employer is loyal to their employees. Everything revolves around "money" and not around "ethics" or "honesty". The biggest problem the world is facing now is that we do not have "Leaders", we only have "managers".
So my sincere advice from my 20 years of experience ranging from the bottom end of the org chart to senior management roles is that, since it is only 2 months of your job, just forget that 2 months and start anew.
From United Kingdom
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Learn from yourself after facing such types of problems if you are unable to learn from your seniors. In the future, wherever you are employed, always keep in touch with your boss so that he can guide you and share his experience with you. You are educated in a modern environment; you know that every human has a different attitude and understanding. Not everyone treats others like their child. Therefore, ensure you try to find a balance in a modern period.
BB JOSHI
From India, Delhi
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BB JOSHI
From India, Delhi
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Dear Khushbu,
I am not in favor of finding a new job instead of fighting with the company. This type of practice makes employers engage in illegal activities, as seen in your case. You have to stand up to your employer to teach them a lesson. Let me suggest a simple way. Firstly, consider the nature of the duties assigned to you. If your duties fall under the definition of a workman, then you should approach the labor department with a complaint or directly go to the labor court. For further clarification, feel free to email me at the address provided below.
Regards,
Sandeep Kumar
Advocate
Email: sandeepadvocate86@gmail.com
From India, Delhi
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I am not in favor of finding a new job instead of fighting with the company. This type of practice makes employers engage in illegal activities, as seen in your case. You have to stand up to your employer to teach them a lesson. Let me suggest a simple way. Firstly, consider the nature of the duties assigned to you. If your duties fall under the definition of a workman, then you should approach the labor department with a complaint or directly go to the labor court. For further clarification, feel free to email me at the address provided below.
Regards,
Sandeep Kumar
Advocate
Email: sandeepadvocate86@gmail.com
From India, Delhi
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Hi Khushbu,
I have gone through your query, and here are my comments.
Assuming you have a Probation Period of 3/6 months as per your Employment Agreement (which almost every company has) -- during the time of termination, you were not on their permanent payrolls; which means your employment was not confirmed. So, your employer has every right to terminate any employee in his/her Probation Period without citing any reason. (This is the most commonly used term of the Probation.) Even if you ask them for any reason behind your termination, the obvious reply would be "Not meeting the Requirement or Below par Performance." So, you can't do anything about it, except asking for the Service and Employment Certificates.
Assuming you did NOT have any Probation Period (as per your Employment Agreement) -- which in turn means you are on active payrolls (Confirmed Employee) from day one of your joining. In such a case, from the employer's perspective, they have the right to terminate you (with immediate effect) only on the disciplinary and policy violation grounds. In all other scenarios, you would either need to serve the notice period completely, or your employer needs to pay you for the leftover notice period if they ask you to leave without serving the notice period. In the case of termination with immediate effect, the employee has the right to ask the Employer to give the reason(s) with substantial evidence of the alleged non-disciplinary action/policy violation. The termination is valid only if the employer has evidence of all such actions (provided the policies are already existing and shared with all employees).
I hope this will help you!
Thanks & Regards,
Kishore Mavuri
+91 900 068 0678
From India, Hyderabad
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I have gone through your query, and here are my comments.
Assuming you have a Probation Period of 3/6 months as per your Employment Agreement (which almost every company has) -- during the time of termination, you were not on their permanent payrolls; which means your employment was not confirmed. So, your employer has every right to terminate any employee in his/her Probation Period without citing any reason. (This is the most commonly used term of the Probation.) Even if you ask them for any reason behind your termination, the obvious reply would be "Not meeting the Requirement or Below par Performance." So, you can't do anything about it, except asking for the Service and Employment Certificates.
Assuming you did NOT have any Probation Period (as per your Employment Agreement) -- which in turn means you are on active payrolls (Confirmed Employee) from day one of your joining. In such a case, from the employer's perspective, they have the right to terminate you (with immediate effect) only on the disciplinary and policy violation grounds. In all other scenarios, you would either need to serve the notice period completely, or your employer needs to pay you for the leftover notice period if they ask you to leave without serving the notice period. In the case of termination with immediate effect, the employee has the right to ask the Employer to give the reason(s) with substantial evidence of the alleged non-disciplinary action/policy violation. The termination is valid only if the employer has evidence of all such actions (provided the policies are already existing and shared with all employees).
I hope this will help you!
Thanks & Regards,
Kishore Mavuri
+91 900 068 0678
From India, Hyderabad
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Dear Khusboo,
Just I want to share my feelings:-
If company management thinking like this then its better for you that they have terminate you.
You have lost only 2 months don’t worry try in a good company.
Your management cannot terminate you without approval of that CEO if that CEO like this then its better to terminate you.
Say thanks to god for wonderfully guidance in your carrier .
From India, Mumbai
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Just I want to share my feelings:-
If company management thinking like this then its better for you that they have terminate you.
You have lost only 2 months don’t worry try in a good company.
Your management cannot terminate you without approval of that CEO if that CEO like this then its better to terminate you.
Say thanks to god for wonderfully guidance in your carrier .
From India, Mumbai
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Dear Khushboo,
In my opinion, a notice period is required for any organization. If they want to terminate you, they have to give you a reason and also a notice period. If they don't provide you with any reason, you can consult a corporate lawyer. However, you should choose a lawyer who is well-known to you.
With Best Regards,
Viral Gajjar
From India, Ahmadabad
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In my opinion, a notice period is required for any organization. If they want to terminate you, they have to give you a reason and also a notice period. If they don't provide you with any reason, you can consult a corporate lawyer. However, you should choose a lawyer who is well-known to you.
With Best Regards,
Viral Gajjar
From India, Ahmadabad
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Hey Khushbu, chill yaar!!
Don't waste your time in "faltu" theories. See, we don't know why you approached the CEO of the company without following the system of approach. Sometimes people forget the system when they receive support from senior management, and that's when problems start.
Going to the CEO without consulting your reporting manager was totally wrong; this action is the sole reason for your termination.
Now, don't waste your time. Take this as a learning experience and explore other options. I may be harsh in my words, but it's the truth.
Chill,
HR
From India, Gurgaon
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Don't waste your time in "faltu" theories. See, we don't know why you approached the CEO of the company without following the system of approach. Sometimes people forget the system when they receive support from senior management, and that's when problems start.
Going to the CEO without consulting your reporting manager was totally wrong; this action is the sole reason for your termination.
Now, don't waste your time. Take this as a learning experience and explore other options. I may be harsh in my words, but it's the truth.
Chill,
HR
From India, Gurgaon
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As per the law, you are not liable to inquire about your job security if you have not completed 6 months of service in that organization. At this juncture, there is no provision to contest this.
Regards,
Tirupathi Reddi
From India, Secunderabad
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Regards,
Tirupathi Reddi
From India, Secunderabad
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I totally agree with Mr. Varun Jha. Don't feel demotivated; instead, stand firm and fight. Look for a job, and then you can take any action against them. Don't worry, Khushboo, everything will be alright. It's a learning experience for you. Cheer up :)
From India, Kolkata
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From India, Kolkata
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Politics is everywhere & in every company. I can only suggest you to find job somewhere else but don’t mention anywhere you have been terminated. Shalaka HR - Manager
From India, Mumbai
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From India, Mumbai
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Dear Khushboo,
Along with other members, I share your anguish on the unfair treatment meted out to you.
Such instances are aplenty, and most often it is the HR who has to do or is asked to do this sordid task. In fact, most of the time, such terminations are not only unfair, but illegal too. However, as pointed out, it's a war between David and Goliath, and the latter invariably wins in such cases.
In your case, however, it seems no legal infractions are involved as you were in probation. However, what is a matter of concern is the manner in which it was carried out. Apart from it being a swift, ruthless action based on a flimsy reason; it deprived you, most importantly, of the time you could have utilized in searching for a suitable job enabling the continuity of your employment.
Many want to know the exact turn of events that caused it. Do respond back to let us know what exactly happened. It happens that senior people are shy of breaking the bad news. At times, young inexperienced subordinates are made the scapegoat. Is it what happened in your case? Why were you asked to communicate directly with the CEO? Although it's not an illegal act, it is surely highly unconventional that a probationer has to deal with the CEO. Were you set up as the fall-guy?
Also, do respond to let us know if you find these suggestions helpful.
Warm regards.
From India, Delhi
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Along with other members, I share your anguish on the unfair treatment meted out to you.
Such instances are aplenty, and most often it is the HR who has to do or is asked to do this sordid task. In fact, most of the time, such terminations are not only unfair, but illegal too. However, as pointed out, it's a war between David and Goliath, and the latter invariably wins in such cases.
In your case, however, it seems no legal infractions are involved as you were in probation. However, what is a matter of concern is the manner in which it was carried out. Apart from it being a swift, ruthless action based on a flimsy reason; it deprived you, most importantly, of the time you could have utilized in searching for a suitable job enabling the continuity of your employment.
Many want to know the exact turn of events that caused it. Do respond back to let us know what exactly happened. It happens that senior people are shy of breaking the bad news. At times, young inexperienced subordinates are made the scapegoat. Is it what happened in your case? Why were you asked to communicate directly with the CEO? Although it's not an illegal act, it is surely highly unconventional that a probationer has to deal with the CEO. Were you set up as the fall-guy?
Also, do respond to let us know if you find these suggestions helpful.
Warm regards.
From India, Delhi
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Dear Khushbu,
I am truly sorry that you feel cheated, but you must take action against this. As Tam from HR mentioned in response to your query, you should consult a corporate lawyer to proceed legally. Make sure to provide them with your appointment letter and approval of the joining.
Regards,
JUNED SHAIKH
From India, Mumbai
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I am truly sorry that you feel cheated, but you must take action against this. As Tam from HR mentioned in response to your query, you should consult a corporate lawyer to proceed legally. Make sure to provide them with your appointment letter and approval of the joining.
Regards,
JUNED SHAIKH
From India, Mumbai
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Dear Varun,
Please be practical. Assuming the member gets a very good job and files and wins the case against the company, what will the member achieve? Will the member be willing to join the company in such circumstances? The member will not only be wasting time and energy but also will lose financially.
Dear Khushbu,
I am still not clear why the management would take a decision to remove an employee just for meeting the CEO. There must have been some reason for you meeting the CEO directly that would have resulted in the action of the management. Kindly consider the situation at hand before you jump to a conclusion. Many times we consider only our side of the story, feel sorry for ourselves, and do not take a close look at the events that have translated into the current situation.
Regards,
Preetam Deshpande
From India, Mumbai
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Please be practical. Assuming the member gets a very good job and files and wins the case against the company, what will the member achieve? Will the member be willing to join the company in such circumstances? The member will not only be wasting time and energy but also will lose financially.
Dear Khushbu,
I am still not clear why the management would take a decision to remove an employee just for meeting the CEO. There must have been some reason for you meeting the CEO directly that would have resulted in the action of the management. Kindly consider the situation at hand before you jump to a conclusion. Many times we consider only our side of the story, feel sorry for ourselves, and do not take a close look at the events that have translated into the current situation.
Regards,
Preetam Deshpande
From India, Mumbai
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Dear friend,
You can go directly to the district labor office and submit a written complaint detailing what occurred. They will then schedule a meeting with both parties for conciliation. I believe this action should be sufficient to secure compensation for you.
If you need any further assistance, please let me know.
Manikandan
Email: Mkhrmat83@gmail.com
From India, Chennai
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You can go directly to the district labor office and submit a written complaint detailing what occurred. They will then schedule a meeting with both parties for conciliation. I believe this action should be sufficient to secure compensation for you.
If you need any further assistance, please let me know.
Manikandan
Email: Mkhrmat83@gmail.com
From India, Chennai
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Hello,
In my opinion, Khushbu, you should see the CEO once again and seek assistance from him. If, in any case, this doesn't work out, then seek legal help. Ensure that this situation does not harm your personal interests or your character within the organization. Wishing you good luck.
From India, Krishna
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In my opinion, Khushbu, you should see the CEO once again and seek assistance from him. If, in any case, this doesn't work out, then seek legal help. Ensure that this situation does not harm your personal interests or your character within the organization. Wishing you good luck.
From India, Krishna
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Dear Khushbu Awasthi,
The only thing that troubles me is that you were employed in the HR department and yet you did not go through the employment policies of your company.
Dear Friend, your term of employment was only two months, which in simple words means you were on probation. Your service was not yet confirmed; therefore, as per your terms of appointment, you are liable to be fired without any notice, and you have no standing point in the court of law.
Secondly, you were running too fast. In any organization, you have to wait and establish your reputation before you try to manipulate your seniors.
Hope you understand what I have said in the above lines.
From Pakistan, Lahore
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The only thing that troubles me is that you were employed in the HR department and yet you did not go through the employment policies of your company.
Dear Friend, your term of employment was only two months, which in simple words means you were on probation. Your service was not yet confirmed; therefore, as per your terms of appointment, you are liable to be fired without any notice, and you have no standing point in the court of law.
Secondly, you were running too fast. In any organization, you have to wait and establish your reputation before you try to manipulate your seniors.
Hope you understand what I have said in the above lines.
From Pakistan, Lahore
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Dear Advocate Sandeep,
I saw your post dated 30.10.12 and I regret that it somehow skipped my attention, and I read it only today morning. You have rightly suggested (the same thing I had also suggested to Khushbu in my post) that prima facie she does not fall under the definition of a workman; hence, she cannot go to the Labour Department for redressal of her grievance.
Further, I ditto your suggestion that she can go to the Labour Department and file her complaint if she was a workman and fell under the definition of a workman as per the ID Act, 1947.
However, I disagree with you that she can directly go to the Labour Court and file the case against her former employer. You would appreciate that with the latest amendment dated 15.09.2010 in the ID Act, direct reference of disputes has become possible by the introduction of Sub Section (2) & (3) in the Act. Accordingly, in case of an individual dispute of a workman related to discharge, dismissal, retrenchment, or termination by any means, now the workman has the right to approach the labour court directly without waiting for conciliation proceedings and Govt. reference. But he/she has to wait for three months for this direct action from the date of filing his/her application before the conciliation officer if the Govt. is not able to complete the reference process within three months. Earlier there was no such direct option available to a workman to approach the labour court.
Hence, Khushbu will have to wait for three months for this direct action at the Labour Court from the date of filing her application before the conciliation officer.
Trust, you will agree with me.
Rgds,
Rakesh Pd Srivastav
From India, Gurgaon
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I saw your post dated 30.10.12 and I regret that it somehow skipped my attention, and I read it only today morning. You have rightly suggested (the same thing I had also suggested to Khushbu in my post) that prima facie she does not fall under the definition of a workman; hence, she cannot go to the Labour Department for redressal of her grievance.
Further, I ditto your suggestion that she can go to the Labour Department and file her complaint if she was a workman and fell under the definition of a workman as per the ID Act, 1947.
However, I disagree with you that she can directly go to the Labour Court and file the case against her former employer. You would appreciate that with the latest amendment dated 15.09.2010 in the ID Act, direct reference of disputes has become possible by the introduction of Sub Section (2) & (3) in the Act. Accordingly, in case of an individual dispute of a workman related to discharge, dismissal, retrenchment, or termination by any means, now the workman has the right to approach the labour court directly without waiting for conciliation proceedings and Govt. reference. But he/she has to wait for three months for this direct action from the date of filing his/her application before the conciliation officer if the Govt. is not able to complete the reference process within three months. Earlier there was no such direct option available to a workman to approach the labour court.
Hence, Khushbu will have to wait for three months for this direct action at the Labour Court from the date of filing her application before the conciliation officer.
Trust, you will agree with me.
Rgds,
Rakesh Pd Srivastav
From India, Gurgaon
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Anyone can be terminated in Probation Period without citing any reason. Just relax and tell yourself that BPO has given u a chance to find a better job elsewhere.
From Pakistan, Lahore
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From Pakistan, Lahore
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Dear Above all, I have been terminated just because i have made a wrong format of excel sheet :P what are these employers upto
From India, Mumbai
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From India, Mumbai
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All conditions are well read by me before I make a comment. In our so-called corporate society sector, making decisions individually about what is right and wrong is a challenging affair. This is especially true when you consider the confidence and trust within yourself and others who have guided you on the aforementioned matter.
Therefore, it is essential to learn from mistakes and take corrective actions to be implemented in the future to avoid the reoccurrence of the same. It is evident that you possess the fighting ability, as I understand from your situation, but you lack solid backup to succeed since you are alone in building the strength of those who have guided you in this aspect. This approach is impractical given your current circumstances. Do you agree?
I understand that what the company did to you may be hurtful, but you seem to have no other option. Without any support within the company, how can you fight without any legal or personal strength? Think and act accordingly for future predicaments.
I wish you all the best for your future career.
From India, Calcutta
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Therefore, it is essential to learn from mistakes and take corrective actions to be implemented in the future to avoid the reoccurrence of the same. It is evident that you possess the fighting ability, as I understand from your situation, but you lack solid backup to succeed since you are alone in building the strength of those who have guided you in this aspect. This approach is impractical given your current circumstances. Do you agree?
I understand that what the company did to you may be hurtful, but you seem to have no other option. Without any support within the company, how can you fight without any legal or personal strength? Think and act accordingly for future predicaments.
I wish you all the best for your future career.
From India, Calcutta
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My understanding is that "Management has the right to manage" and does not have to provide reasons for terminating employment. There is no law that demands that a company provide a reason for terminating employment. Employees are also not under any obligation to give reasons for leaving a job.
Any action instituted against the company will amount to efforts in futility.
From Nigeria, Lagos
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Any action instituted against the company will amount to efforts in futility.
From Nigeria, Lagos
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Dear Khusbhu, You can approach labour department and lodge a formal complaint as you were terminated without any reason. Meet the commissioner of Labour and discuss the issue. Regards, Murali
From India, Hyderabad
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From India, Hyderabad
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Can you please let me know why you approached the CEO by breaking the organization hierarchy? Have you complained about somebody to the CEO or said anything to the CEO? Is it a big company or a small company? Have they given you the relieving letter? If it is a small company of 500-600 people, then don't expect any justice. They can give you any reason, which may include teasing or molesting a female employee or passing verbal abuses. For that, they will also have people testify against you falsely. In big companies, everybody is given a fair chance to prove their innocence. Not sure why it happened with you. For filing a legal litigation, you need to have many pieces of evidence. Also, you can't fight with the company. Please accept this truth and don't waste your time and money.
From India, Delhi
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From India, Delhi
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Ok, my friend. It's another example of cheating by your colleagues, like all other private and government establishments. As per the labor act, you can proceed to file a complaint with the local Labor Department. They will issue a notice to both parties.
Moreover, the reality is, who cares? One company left you; there are thousands of private jobs out there. All the best...
From India, Nellore
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Moreover, the reality is, who cares? One company left you; there are thousands of private jobs out there. All the best...
From India, Nellore
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf