Hello There,
I had to terminate an OPS manager in my organization as he was habitual latecomer. He has also taken 15 days leave in 4 months which is unacceptable for a person like him. Most of the leaves were uninformed to the top management.
After terminating him,he gave me a call and threatened that he will sue the company by issuing a lawyers notice. He did not do it however for some reason.
We sent him a showcause and termination letter by post after his termination was done.
Recently,he called one of the managers and informed them that he wanted a releiving letter and that he is ready to give a resignation letter dated one month back if required. He also mentioned thata termination letter from our company will stand as an obstacle for him to get job in other firms.
Do you think its right for me issue him a releiving letter? Is there any legal implications? Please advice
Regards,
Madhu
From India, Madras
1I had to terminate an OPS manager in my organization as he was habitual latecomer. He has also taken 15 days leave in 4 months which is unacceptable for a person like him. Most of the leaves were uninformed to the top management.
After terminating him,he gave me a call and threatened that he will sue the company by issuing a lawyers notice. He did not do it however for some reason.
We sent him a showcause and termination letter by post after his termination was done.
Recently,he called one of the managers and informed them that he wanted a releiving letter and that he is ready to give a resignation letter dated one month back if required. He also mentioned thata termination letter from our company will stand as an obstacle for him to get job in other firms.
Do you think its right for me issue him a releiving letter? Is there any legal implications? Please advice
Regards,
Madhu
From India, Madras
Dear Madhu You can get a resignation letter from him and issue an acceptance letter. Only in case of thefts and frauds, we do not advise this step Otherwise, you can accept his request Siva
From India, Chennai
From India, Chennai
Dear Madhu,
Greetings !!!!
I too feel the same, you can process his request, cause the reason behind his termination is not going to effect companines performance. As siva told we can't process his request if he committed a crime and if he has done some unethical thing which may have a bad effect on the companies growth.
He is gone, let him go.....otherwise he may create a bad impression in the minds of the other people.
Thanks,
Kiran
From India, Hyderabad
Greetings !!!!
I too feel the same, you can process his request, cause the reason behind his termination is not going to effect companines performance. As siva told we can't process his request if he committed a crime and if he has done some unethical thing which may have a bad effect on the companies growth.
He is gone, let him go.....otherwise he may create a bad impression in the minds of the other people.
Thanks,
Kiran
From India, Hyderabad
Hello Madhu,
Now that the person has requested for a clean exit, suggest the orgsn can give him his entitlements. Take his resignation letter and issue an acceptance letter and process the same at the earliest.
From India, Bangalore
Now that the person has requested for a clean exit, suggest the orgsn can give him his entitlements. Take his resignation letter and issue an acceptance letter and process the same at the earliest.
From India, Bangalore
Hello,
I would also go bvy what advice is rendered-on a practical plane!
As a Human Resporce person, my conscious will continue to prick me on at least two counts:
I state that the advice is sound and I would follow it myself but what do I do with this value question that will keep pricking me?
Regards
samvedan
Nov 25, 2008
---------------------------
From India, Pune
I would also go bvy what advice is rendered-on a practical plane!
As a Human Resporce person, my conscious will continue to prick me on at least two counts:
- Am I giving a clean chit, as it were, to a person who is a late comer and a habitual leave taker?
- Why am required to be s magnanimous so as to condone him after his threats to sue the company? That he did not do it is something I do NOT hold inhis favour. Every self driven person do the same.
I state that the advice is sound and I would follow it myself but what do I do with this value question that will keep pricking me?
Regards
samvedan
Nov 25, 2008
---------------------------
From India, Pune
Hi
As HR you got to understand that employees let out their emotions especially when things are not in their favour.
Just give him what he wants, after orally warning him , if you feel , if that would make you cool.
Regards
N.Neelam
From India, Madras
As HR you got to understand that employees let out their emotions especially when things are not in their favour.
Just give him what he wants, after orally warning him , if you feel , if that would make you cool.
Regards
N.Neelam
From India, Madras
Hi Madhu,
Along with others reply please take a note of the following.
Officaially its not possible to issue him a relieving letter against a back dated resignation letter as notice period( if you have ) will be coming into picture in that case and the same can't be considered for the cases people have mentioned. Otherwise on humanity ground on request you can process the same thing. But please make sure that he has not joined anywhere else during the period he was absent and the dates are not coinsiding.
From India, Madras
Along with others reply please take a note of the following.
Officaially its not possible to issue him a relieving letter against a back dated resignation letter as notice period( if you have ) will be coming into picture in that case and the same can't be considered for the cases people have mentioned. Otherwise on humanity ground on request you can process the same thing. But please make sure that he has not joined anywhere else during the period he was absent and the dates are not coinsiding.
From India, Madras
Hello Everybody,
I am looking for Sr.Manager Profile who has 2 to 3 years experience in Government Bond and Security,Location is Calcutta.Interested person contact immidiately
Thanx & Regards
Priya Sharma
From India, Vadodara
I am looking for Sr.Manager Profile who has 2 to 3 years experience in Government Bond and Security,Location is Calcutta.Interested person contact immidiately
Thanx & Regards
Priya Sharma
From India, Vadodara
Dear Madhu
In my opinion, after having issued him with a termination letter it is unethical and unprofessional to backpedal.You can only provide him with a certificate of employment mentionning inter alia: period of employment and post occupied only.
Best regards
Ashok Fowdar
HR Manager
(From Mauritius)
In my opinion, after having issued him with a termination letter it is unethical and unprofessional to backpedal.You can only provide him with a certificate of employment mentionning inter alia: period of employment and post occupied only.
Best regards
Ashok Fowdar
HR Manager
(From Mauritius)
Hi Madhu,
You could exercise either of the options :
1. Maintain status quo especially if you have done his full and final settlement. On record, he is terminated. Period.
Given his reluctance for a legal notice, he will psychologically not go ahead with any legal notice. To back track means sending a wrong message to the masses in your Company. They can do the same thing and get away. This employee has better sense prevail in him now and fears a chequered career without a formal resignation acceptance letter and experience certificate which any of his next employers may be asking him to submit.
2. If he is really apologetic, acceed to his request (if his settlement has not been done yet/or if done, can be reversed on records) and backdate the resignation/acceptance letter and settlement details on record to suit you. But before acceeding to his request, call him to meet you and submit a written apology of his conduct that you can stack up in one corner of his file. You are assured that he will not cry fowl later and spoil your other employees. His experience letter and recommendations will depend on his conduct. If you are not delighted with his conduct, you can defer his experience letter by few months to check his conduct and then give him a plain-vanilla tenure letter without decent recommendations. This is a tool with HR and gives miles of message to others to conduct well professionally.
Cheers
Rahul Kumar
From India, New Delhi
You could exercise either of the options :
1. Maintain status quo especially if you have done his full and final settlement. On record, he is terminated. Period.
Given his reluctance for a legal notice, he will psychologically not go ahead with any legal notice. To back track means sending a wrong message to the masses in your Company. They can do the same thing and get away. This employee has better sense prevail in him now and fears a chequered career without a formal resignation acceptance letter and experience certificate which any of his next employers may be asking him to submit.
2. If he is really apologetic, acceed to his request (if his settlement has not been done yet/or if done, can be reversed on records) and backdate the resignation/acceptance letter and settlement details on record to suit you. But before acceeding to his request, call him to meet you and submit a written apology of his conduct that you can stack up in one corner of his file. You are assured that he will not cry fowl later and spoil your other employees. His experience letter and recommendations will depend on his conduct. If you are not delighted with his conduct, you can defer his experience letter by few months to check his conduct and then give him a plain-vanilla tenure letter without decent recommendations. This is a tool with HR and gives miles of message to others to conduct well professionally.
Cheers
Rahul Kumar
From India, New Delhi
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