In my current organisation, management fired one employee without notice due to poor performance. Prior to this, she had been with us for a year and her performance was initially good, and she was leading a team of two, but her performance gradually declined, and she began reporting to her subordinate, and she also received two oral warnings from management. Despite her desire to resign, management asked her to leave immediately after submitting the assets.
1. Is it suitable?
2. Can we send her the letter of termination?
3. Will this in any case backfire on us?
Also, could anyone assist me with the letter or give me a general idea of how to format a termination letter for her?
From India, Mumbai
1. Is it suitable?
2. Can we send her the letter of termination?
3. Will this in any case backfire on us?
Also, could anyone assist me with the letter or give me a general idea of how to format a termination letter for her?
From India, Mumbai
Hi,
Primarily she could have been given the opportunity to resign, that even when she herself expressed interest to submit resignation which would have safeguarded the interest of the Organization without any legal hassles. Also on the side of the employee it would be beneficial for her to apply for future jobs with proper relieving.
You have not mentioned whether the employee was on probation or confirmed or fixed contract term. What so ever it may be the nature of employment the employee should have been given some time frame ( even though oral warning was given) and asking her to leave all of a sudden is not a fair HR practice.
Now after advising her to leave the office, you are analyzing whether she can be terminated / is it right /any implications will be there ...whereas it should be other way
If you are planning for termination you should have strong supporting evidences towards her deteriorating performance which had affected the performance of the Company. But even in that case your Company is supposed to provide one month notice pay or one month notice.. depends on the terms and conditions of the employment mutually agreed between the Company and the Employee.
I would suggest you to collect resignation letter and close it amicably which would be beneficial to both the parties concerned.
From India, Madras
942Primarily she could have been given the opportunity to resign, that even when she herself expressed interest to submit resignation which would have safeguarded the interest of the Organization without any legal hassles. Also on the side of the employee it would be beneficial for her to apply for future jobs with proper relieving.
You have not mentioned whether the employee was on probation or confirmed or fixed contract term. What so ever it may be the nature of employment the employee should have been given some time frame ( even though oral warning was given) and asking her to leave all of a sudden is not a fair HR practice.
Now after advising her to leave the office, you are analyzing whether she can be terminated / is it right /any implications will be there ...whereas it should be other way
If you are planning for termination you should have strong supporting evidences towards her deteriorating performance which had affected the performance of the Company. But even in that case your Company is supposed to provide one month notice pay or one month notice.. depends on the terms and conditions of the employment mutually agreed between the Company and the Employee.
I would suggest you to collect resignation letter and close it amicably which would be beneficial to both the parties concerned.
From India, Madras
Thank you for the update.
The problem here is candidate is not comfortable with resignation. She want us to drop an email. So should we drop a mutual termination of employment or termination based on performance?
From India, Mumbai
The problem here is candidate is not comfortable with resignation. She want us to drop an email. So should we drop a mutual termination of employment or termination based on performance?
From India, Mumbai
Hi
In that case you should opt for proper termination letter through RPAD quoting previous warning issued. You need to substantiate that inspite of sufficient opportunity provided she had failed to improve and having no other option termination is being issued. You should also be ready to face allegations from her end like principles of natural justice not followed in her termination for which you should have strong documentary evidence. She might or might not. But be prepared.
From India, Madras
In that case you should opt for proper termination letter through RPAD quoting previous warning issued. You need to substantiate that inspite of sufficient opportunity provided she had failed to improve and having no other option termination is being issued. You should also be ready to face allegations from her end like principles of natural justice not followed in her termination for which you should have strong documentary evidence. She might or might not. But be prepared.
From India, Madras
Termination on the basis of poor performance entails a stigma. It is a legal necessity that in such cases, due process as mandated by principles of natural justice ought to have been followed.
From India, Kochi
From India, Kochi
Hi,
As per the details provided by you, the facts of the case are as follows:
1. The employee in question has been on the company's roll and working for a year.
2. She had two reportees.
3. Initially, her performance was good, but it deteriorated later.
4. The management gave her two opportunities to improve by orally warning her.
5. Despite the opportunities, she failed to improve, and hence the management asked her to leave.
6. The management took the above decision even though she was ready to resign.
Your queries in your first post are as follows:
(a) Is it suitable?
Your question is unclear. However, if you meant to ask whether the decision to terminate the employee is proportionate to the misconduct committed by her,
The answer is yes. But, the following conditions should be met:
1. The employee should be given an opportunity to show cause.
2. A fair inquiry should be held, through which the charges of poor performance were proved.
(b) Can we send her the letter of termination?
Your question is unclear. However, if you meant to ask whether a termination letter can be sent to her as she has already asked to go home,
The answer is no. Merely sending a termination letter without holding an inquiry into the specific charge is not justifiable under the law.
(c) Will this, in any case, backfire on us?
The answer is Yes, of course. If she files a suit before the Court.
The issues with your case are as follows:
1. Her tenure at your company is just a year, during which her performance was good in the initial days [ It appears that in the instant case, it is quite difficult to prove poor performance ]
2. No inquiry has been conducted to prove her poor performance.
3. No opportunities were given to improve (oral warnings are not helpful).
In your second post, your concern was a dilemma between:
1. Termination as a disciplinary action or
2. Termination of the contract with mutual understanding.
As an HR professional, I recommend you to go with option (2) first. If she fails to agree, then follow option (1) by following due procedure.
What is the procedure?
1. Issue a formal charge sheet cum show cause notice and seek her explanation.
2. If she accepts, close the case through a speaking order (you can terminate also).
3. If she denies, initiate an inquiry.
4. During the inquiry, give a fair and enough opportunity to defend. If the charges are proved,
5. Issue the second show cause notice and seek her explanation to the report.
6. Based on the report and her explanation, close the case with a termination order.
I hope the above suggestions help you to take appropriate action.
Regards,
DaRaSri
From India, Bangalore
As per the details provided by you, the facts of the case are as follows:
1. The employee in question has been on the company's roll and working for a year.
2. She had two reportees.
3. Initially, her performance was good, but it deteriorated later.
4. The management gave her two opportunities to improve by orally warning her.
5. Despite the opportunities, she failed to improve, and hence the management asked her to leave.
6. The management took the above decision even though she was ready to resign.
Your queries in your first post are as follows:
(a) Is it suitable?
Your question is unclear. However, if you meant to ask whether the decision to terminate the employee is proportionate to the misconduct committed by her,
The answer is yes. But, the following conditions should be met:
1. The employee should be given an opportunity to show cause.
2. A fair inquiry should be held, through which the charges of poor performance were proved.
(b) Can we send her the letter of termination?
Your question is unclear. However, if you meant to ask whether a termination letter can be sent to her as she has already asked to go home,
The answer is no. Merely sending a termination letter without holding an inquiry into the specific charge is not justifiable under the law.
(c) Will this, in any case, backfire on us?
The answer is Yes, of course. If she files a suit before the Court.
The issues with your case are as follows:
1. Her tenure at your company is just a year, during which her performance was good in the initial days [ It appears that in the instant case, it is quite difficult to prove poor performance ]
2. No inquiry has been conducted to prove her poor performance.
3. No opportunities were given to improve (oral warnings are not helpful).
In your second post, your concern was a dilemma between:
1. Termination as a disciplinary action or
2. Termination of the contract with mutual understanding.
As an HR professional, I recommend you to go with option (2) first. If she fails to agree, then follow option (1) by following due procedure.
What is the procedure?
1. Issue a formal charge sheet cum show cause notice and seek her explanation.
2. If she accepts, close the case through a speaking order (you can terminate also).
3. If she denies, initiate an inquiry.
4. During the inquiry, give a fair and enough opportunity to defend. If the charges are proved,
5. Issue the second show cause notice and seek her explanation to the report.
6. Based on the report and her explanation, close the case with a termination order.
I hope the above suggestions help you to take appropriate action.
Regards,
DaRaSri
From India, Bangalore
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