Hello All,
I have a situation here. There is a employee in a company who was top employee in the years 2003 and 2004 consecutively. now the employee is irregular to the job and have high absenteeism rates in the years 2006 and 2007. when asked to work over time one a particular holiday, every other employee in the organisation accepted except this one. now the reason her absenteesim rate is high because of her ill ness. she was continually been reminded of this fact of her high absenteesim rate.thts a genuine reason. now because she disobeyed to work, she was terminated from the job in the year 2009. she was quite at tht point and after a year that is now in 2010, she filed a case saying tht she was not warned before. now.... my question is -
will the employees past performance effect her present termination decision? if so. how?
please provide me your valuable views.
Thanks & Regards!

From Canada, Toronto
Dear Chandrasanthoshi,
I feel the case of the employee has not been handeled properly.
An employee who was the top performer for two consecutive year,if suddenly becomes irregular & finally gets terminated there must have been some serious reason behind that.
I feel a private meeting should have been arranged with the employee to understand the main cause of her this attitude/behaviour.
Before terminating her first verbal counselling to improve her absentiseem followed by written counselling should have been given.
In the case where she refused to do overtime she should have been given the show cause notice to explain the reason for her behaviour. After reciving her reply appropriate action should have been taken.
I feel if documentary evidence is not available against her ,her past performance is definitely going to matter.
Regards,
Rekha

From India, Jalandhar
Hello Rekha,
Thanks a lot for the reply. its really very informative.
actually my intension was to know if her past performance have any effect on her present termination decision ?
I feel that her past performance should not influence any desicion made today on the employee's profile. this is because the employee's performance they were talking about in the case is about 3 years back. the employee might have enjoyd the benefits of being top performer during the same time. now all that is concerned is how her behaviour is and how far she is responsible towards her job.
What say??
Also i want to know - Do HR managers have right to know as to why the employee refuse to work on over time?? or even when an employee go on a leave. is it always necessary for the employee to mention reason for taking leave, other than sick and defined leaves???
Regards,
Chandra Santhoshi

From Canada, Toronto
Dear
Do you have any proof of the acceptance of termination by the employee?
Must keep a record of the absenteeism and the communication in between the terminated employee. It may be useful.
Dont worry. Underperformed and absenteeism will not tolerate any company. And employer have all rights to terminate person who is not contributing to the organization.
Please remember that employee has a right to employment and employer has right to terminate employees with low performance.
Cheers
Soja

From India, Kochi
Hi,
In cases of non-performance, its always advisable that line manager should write to the employee of the instances of non performance, targets given and asking reasons to find out the non-performance.The documentation must be effective in order to take necessary action whenever required.
Regards,
Rachita

From India, Madras
Dear Chandra,
You are right in saying that the past performance of the employee should not have any impact on his present performance. But in this case as the top performer has become a poor performer, the case is special & there must be reason to it . Therefore, all the documentary proof of her present performance should be available.
I feel its employees discretion to give the reason for leave.
I feel as HR managers are staff managers & have cooperative role too, they should know the reason for refusal of work by an employee on overtime or on leave, as it helps him in motivating him for the same or it will help him to keep the professional record of the employee, which will help him at the time of performance appraisal.
Regards,
Rekha

From India, Jalandhar
Mahr
477

Dear chandrasanthoshi,
Normaly in regards to non-performance, irregularity, etc of an employee, the line manager, team leader should issue a warning letter to that particular employee.
Again no employee shall be terminated right away on these situations. There are exemptions for an employer to terminate an employee without any prior notice. In this case that won't be applied. Then is the employee been issued a letter of appointment? If so what was the term clause mentioned in that. Do you have these clauses in that? If so have she signed a copy as a form of acknowledgment ?
Now talking about Motivating and other things wont count as the issue now is the case which she had filed. How was the termination lined up? Did she acknowledge it. Do be little more concise on to the question for a proper feedback and comment...

From India, Bangalore
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