We have this probationary employee, and will end her contract 10 days before her probationary period. A month before her probationary contract ended , I already talked to the management for her evaluation if she would still be employed as regular or be terminated. Unfortunately, my boss had decided to terminate her 5 days before her termination she will be notified because of her low performance and rule violations. The management got so many transactions that she cannot mind the status of my co employee. As we decided to gave her the termination letter, she talked to my boss immediately and asked a month of extension.We gave her the letter 5 days before the she ended her probationary period in the letter it stated that she would have at least at the end of the month to turn over the files and responsibilities to the newly hired applicant. Our trainee complaints that she cant stand the attitude of our co employee, maybe she dont want that somebody gonna replace her. the management went on a out of town trip and she got the chance to be so rude to everyone. Because of the grievance she made, i tried to talked to her but because she is older than me, she dont want to listen. I texted my boss regarding that issues, and she called her and they argued in the phone. 4 days after her probationary period ended she decided not to go back in the office without any turn over, she doesnt answer the calls and texts. The worst part is, we found out that she got so many anomalies taken in the fund. What actions should be made and should be considered if we are going to file a case for her?
From Philippines, Iligan City
3From Philippines, Iligan City
The problem here first, is that in spite of a long post, it's not clear.
- what industry are you in
- why did you give extension when she is to be terminated
- why didn't someone from the office take a handover in presence of management.
- what is the "anomalies in fund" ?
Remember if you are hiding some fact or being vague you are going to get wrong answers and suggestions from the members.
From India, Mumbai
- what industry are you in
- why did you give extension when she is to be terminated
- why didn't someone from the office take a handover in presence of management.
- what is the "anomalies in fund" ?
Remember if you are hiding some fact or being vague you are going to get wrong answers and suggestions from the members.
From India, Mumbai
-She was our Accounting Officer, and she holds our petty cash.
-she beg for extension of employment in our company
-i am the HR officer, and i am accountable for every grievances in our office, but because of her attitude by not giving respect to my position, i called my boss, because we are in the same supervisory level.
-we found out that their was a hidden amount in the auditing the expenses.
From Philippines, Iligan City
-she beg for extension of employment in our company
-i am the HR officer, and i am accountable for every grievances in our office, but because of her attitude by not giving respect to my position, i called my boss, because we are in the same supervisory level.
-we found out that their was a hidden amount in the auditing the expenses.
From Philippines, Iligan City
If the amount is large, you can file an FIR against the ex employee and let it become a criminal case for fraud. Of the amount is small, you can let it go Or send a legal notice for recovery
From India, Mumbai
From India, Mumbai
what if she would try to sue my boss regarding her notice of termination that it should be notified one month before her probationary period ended?
From Philippines, Iligan City
From Philippines, Iligan City
First you need to check what is the terms specified in the appointment letter.
Does it provide for a months notice during termination ? Most companies do not have such a rule.
Second, she applied and was granted one month extension.
She was no terminated. She absconded. So how can she sue your company for notice period ?
Further, with the matter of fraud and theft of petty cash, I doubt if she will do anything.
In fact, you should file a police complaint on the matter.
From India, Mumbai
Does it provide for a months notice during termination ? Most companies do not have such a rule.
Second, she applied and was granted one month extension.
She was no terminated. She absconded. So how can she sue your company for notice period ?
Further, with the matter of fraud and theft of petty cash, I doubt if she will do anything.
In fact, you should file a police complaint on the matter.
From India, Mumbai
it was a verbal agreement . And that was the time she beg for extension. in the termination letter she has a 15 days turn over for the newly hire.
From Philippines, Iligan City
From Philippines, Iligan City
You have not specified what is the terms provided in the appointment letter.
Please understand you can not get an answer where you are not providing full details. Every bit of the circumstances affect the options and the application of law
From India, Mumbai
Please understand you can not get an answer where you are not providing full details. Every bit of the circumstances affect the options and the application of law
From India, Mumbai
under her probation contract, shes would be under probation within 6 months and would still be under observation if she is going to be retained as regular employee or terminated. But under the law, exceeding of 6 months employed, she could be considered a regular employee, but with regards to the decision of the management, she will extended till the end of the month, and that was 15 days after her termination for turn over every responsibilities to the newly hired. But because of the grievance she made, she argued with our boss in the phone, that she should stop working on the day after her termination, that she should not train the newly hired. The day after, she didn't not report to the office since then.
From Philippines, Iligan City
From Philippines, Iligan City
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Notice for termination of Contract Sample.doc
06b-Form VI-B (Notice of Commencement of Contract Work).pdf