Hi HR,s
I have been working with a reputed MNC for more than 6 years and was promoted to lead level last year. My performance prior promotion had been extraordinary. In the new role as process trainer i got got certified trainer from client. I could not get certified in the first go as trainer from client and on feedback shared by client- "i was nervous in presentation as i was sweating". However other trainers got certified in month of may and i got certified in june. Meanwhile others were given batches wherein i was not been handed a batch. Finally i was given one batch in mid of july and which got over mid of aug. Post that i was handed over batches abandoned by other trainer and i have been an active participant in training team. Year end my PBC was closed without my consent as 3(bottom quartile). I was not happy with this as i could see my reporting manager was not at all supportive. Finally i escalated the issue to higher HR authorities. Post that there was discussion with me and i was given reason for giving PBC of 3 and was been assured that there would be investigation on the closure issue. Later there was mail been sent ass i have agreed on PBC of 3. Later i was been issued PIP for PBC 3 in FEB which at the time of signing was been confirmed by my reporting manager is for a duration of 60 days from the date of issue and the same was been drafted on mail not mentioning the closure date but had the 1st review date and then the 2nd review date. Its been more than 60 days post that I completed another batch and then my reporting manager wanted to close the pip. However the given targets were not met. Now my manager with the HR spoc forwarded my PIP docs to HR head post that I have to resign as per my reporting manager and HR spoc. When i checked with them on whether i would be given notice period or not the HR personal said no and said formal resignation has to be given in 24 hrs or the would be termination.
Would like to know can in this particular case- An employee go ahead and file case in labor court asking for compensation for termination. Also would like to know how can the employee also save his/her job.
Waiting for answer
From India, Faridabad
I have been working with a reputed MNC for more than 6 years and was promoted to lead level last year. My performance prior promotion had been extraordinary. In the new role as process trainer i got got certified trainer from client. I could not get certified in the first go as trainer from client and on feedback shared by client- "i was nervous in presentation as i was sweating". However other trainers got certified in month of may and i got certified in june. Meanwhile others were given batches wherein i was not been handed a batch. Finally i was given one batch in mid of july and which got over mid of aug. Post that i was handed over batches abandoned by other trainer and i have been an active participant in training team. Year end my PBC was closed without my consent as 3(bottom quartile). I was not happy with this as i could see my reporting manager was not at all supportive. Finally i escalated the issue to higher HR authorities. Post that there was discussion with me and i was given reason for giving PBC of 3 and was been assured that there would be investigation on the closure issue. Later there was mail been sent ass i have agreed on PBC of 3. Later i was been issued PIP for PBC 3 in FEB which at the time of signing was been confirmed by my reporting manager is for a duration of 60 days from the date of issue and the same was been drafted on mail not mentioning the closure date but had the 1st review date and then the 2nd review date. Its been more than 60 days post that I completed another batch and then my reporting manager wanted to close the pip. However the given targets were not met. Now my manager with the HR spoc forwarded my PIP docs to HR head post that I have to resign as per my reporting manager and HR spoc. When i checked with them on whether i would be given notice period or not the HR personal said no and said formal resignation has to be given in 24 hrs or the would be termination.
Would like to know can in this particular case- An employee go ahead and file case in labor court asking for compensation for termination. Also would like to know how can the employee also save his/her job.
Waiting for answer
From India, Faridabad
Dear
In case you need to file a case then you need them to terminate you.But if your Job opportunities are wide forget litigation .Find a new job and get well placed.
rajanassociates
https://www.citehr.com/285737-legal-...-industry.html
From India, Bangalore
50In case you need to file a case then you need them to terminate you.But if your Job opportunities are wide forget litigation .Find a new job and get well placed.
rajanassociates
https://www.citehr.com/285737-legal-...-industry.html
From India, Bangalore
Here is what I see, from your standpoint.
1. A year ago (June 2010), you became a certified trainer
2. Your manager was giving you troubled batches (abandoned by others) for training. You could've seen this in one of the two ways. (a) Positive - Your manager saw you as someone who is a troubleshooter and pull batches out of trouble; (b) Negative - Your manager did not have enough confidence that you could handle fresh batches. Either case, you should have moved into top performance (meet your manager's expectations as a troubleshooter, or build your manager's confidence).
3. Six months ago, you were rated in the bottom quartile. This means that you either could not meet your manager's expectations or could not build his/her confidence.
4. Two months later (in Feb), you were given PIP (clear notice to improve your performance?) and you were in there for four months (until now).
Items 3 and 4 above should have triggered something in you to say - "this is not going to work with my manager. I cannot be successful here. So, let me look for other jobs". This did not happen even though you had 6 months (since your annual review til now). I do not understand your reasons for staying behind despite your indication that your manager was unsupportive, HR was not very helpful, and the management (or your manager) was preparing grounds for your termination.
Here is what I see from a management standpoint. Assuming that I am your manager with good intentions, here is how I see you.
1. You got a promotion and given additional responsibilities. You could not clear your trainer certification at the first go (got nervous etc).
2. I still thought you would be an asset. So, once you cleared your trainer certification, I gave you troubled batches where you can come out successfully and shine. Your performance continued to suffer.
3. Because of lack of performance, I rated you as bottom quartile. I hoped you will improve after that and waited for 2 months. You did not improve.
4. I gave you a PIP hoping at least now you will improve. Although it was meant for 60 days, I waited for four months so that you may improve. You still did not.
5. After a year of poor performance and my waiting for you to turn things around, finally it's decision time.
If I were your manager with bad intentions, this is what I see. It may very well be the case that your manager had bad intentions. But one cannot be 100% certain of what went on in your manager's mind.
1. You are promoted and failed your trainer certification. Once you passed, I give you troubled batches knowing fully well you will fail. And your performance suffered.
2. I put you in the bottom quartile. Your confidence is further hit. And you continue to slide.
3. I wait for two months and give you PIP. Your confidence is further hit. You slide further down.
4. I wait for four months and decide to ask you to quit or terminate.
In any of these cases, I see that there has been enough time and number of warnings for you to have seen this coming. Even if you are terminated now, I don't legally see a wrongful termination. Immoral and personally unethical? Perhaps. But legally wrongful termination? I don't think so. You have been given enough warnings and time to either mend ways with your manager or find another job and move on.
If I were you, I would just quit and move on with my life, because I think I have better things to do with my life than putting it on hold fighting a battle I will not win.
Best regards,
-Som G
From United States, Woodinville
1. A year ago (June 2010), you became a certified trainer
2. Your manager was giving you troubled batches (abandoned by others) for training. You could've seen this in one of the two ways. (a) Positive - Your manager saw you as someone who is a troubleshooter and pull batches out of trouble; (b) Negative - Your manager did not have enough confidence that you could handle fresh batches. Either case, you should have moved into top performance (meet your manager's expectations as a troubleshooter, or build your manager's confidence).
3. Six months ago, you were rated in the bottom quartile. This means that you either could not meet your manager's expectations or could not build his/her confidence.
4. Two months later (in Feb), you were given PIP (clear notice to improve your performance?) and you were in there for four months (until now).
Items 3 and 4 above should have triggered something in you to say - "this is not going to work with my manager. I cannot be successful here. So, let me look for other jobs". This did not happen even though you had 6 months (since your annual review til now). I do not understand your reasons for staying behind despite your indication that your manager was unsupportive, HR was not very helpful, and the management (or your manager) was preparing grounds for your termination.
Here is what I see from a management standpoint. Assuming that I am your manager with good intentions, here is how I see you.
1. You got a promotion and given additional responsibilities. You could not clear your trainer certification at the first go (got nervous etc).
2. I still thought you would be an asset. So, once you cleared your trainer certification, I gave you troubled batches where you can come out successfully and shine. Your performance continued to suffer.
3. Because of lack of performance, I rated you as bottom quartile. I hoped you will improve after that and waited for 2 months. You did not improve.
4. I gave you a PIP hoping at least now you will improve. Although it was meant for 60 days, I waited for four months so that you may improve. You still did not.
5. After a year of poor performance and my waiting for you to turn things around, finally it's decision time.
If I were your manager with bad intentions, this is what I see. It may very well be the case that your manager had bad intentions. But one cannot be 100% certain of what went on in your manager's mind.
1. You are promoted and failed your trainer certification. Once you passed, I give you troubled batches knowing fully well you will fail. And your performance suffered.
2. I put you in the bottom quartile. Your confidence is further hit. And you continue to slide.
3. I wait for two months and give you PIP. Your confidence is further hit. You slide further down.
4. I wait for four months and decide to ask you to quit or terminate.
In any of these cases, I see that there has been enough time and number of warnings for you to have seen this coming. Even if you are terminated now, I don't legally see a wrongful termination. Immoral and personally unethical? Perhaps. But legally wrongful termination? I don't think so. You have been given enough warnings and time to either mend ways with your manager or find another job and move on.
If I were you, I would just quit and move on with my life, because I think I have better things to do with my life than putting it on hold fighting a battle I will not win.
Best regards,
-Som G
From United States, Woodinville
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Termination-emp loyment_563.pdf
Termination letter.doc