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NavneetSarin
94

Dear Friend,
Why your company want to terminate the services that too without giving the employee any chance to explain and apologize. I feel there may be some reason behind this person's loosing temper and even if he is at 100% fault still he has to be given a chance to explain and improve. As a company you have to just also consider his performance. On your question of nor confirming him in his services as a permanent employee. It appears he was on probation.
But please understand if you wish to extend the probation of any employee, you have to do it before the last day of probation and that too in writing, if you fail to do so the employee is presumed to be confirmed. So decide accordingly.

From India, Delhi
sathish.hr1975
1

It is not bad to terminate the employee on basis of above mentioned misconduct. It is not must to mention in appointment letter such activities as misconduct as such activities are spoils the working and conducive environment. It is denying basic living right of human being
From India, Jaipur
fc.vadodara@nidrahotels.com
734

I do appreciate, but it is the duty of HR to conduct an enquiry with regards to the misconduct, it is obvious that one wont directly use an abusive language all of a sudden, there must be a reason behind it which compelled the employee for such misconduct. I am not favouring the employee but one should take a decision with proper investigation, thats all I mean
From India, Ahmadabad
NavneetSarin
94

Dear Sir,
Further to my comment of yesterday please understand. Sending an abusive mail to some other employee is an private act and cannot be treated an public matter as per IPC sections covering defamation and this mail does not amount to be defamatory . No doubt it can be treated as in disciplinary act. But this can't be treated as an gross misconduct as per various court rulings. The termination on this basis specially without conducting an impartial inquiry may not stand the scrutiny of court of Law so Company may also watch it's steps. In this case the HR people appears to be biased and have preset mind to sack this employee to the reasons best known to them. I feel they should ask the person to resign and let him leave instead of doing all this, which may case serious problems for them in future.
Good Luck,

From India, Delhi
Gianim23
95

Mr Makwana :
Several members have posted suggestions. It will be good if you respond and let us know if the suggestions have helped you in arriving at a suitable decision. Also we are curious to know the conclusive action you have taken. I hope you appreciate that members have taken timeout to provide you with useful inputs.
- Gia

From India, Pune
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