Dear Experts,
Need your kind and urgent help.
I was terminated illegally and unethically by my company on the 4th month of my tenure. Probation is of 6 months . They have terminated me verbally. The company conducted an internal skill assessment test. One of my junior has shared her file for checking during the exam. Coincidentally 1 graph figures and 1 wrong spelling was identical with my junior. On this basis. company found me guilty of copying and terminated me.
They have not provided any notice, warning neither provided any letter citing the reason of termination / separation from the company.
Please let me know what step should I take to restore my service or claim compensation.
Thanks
From India, Bangalore
Need your kind and urgent help.
I was terminated illegally and unethically by my company on the 4th month of my tenure. Probation is of 6 months . They have terminated me verbally. The company conducted an internal skill assessment test. One of my junior has shared her file for checking during the exam. Coincidentally 1 graph figures and 1 wrong spelling was identical with my junior. On this basis. company found me guilty of copying and terminated me.
They have not provided any notice, warning neither provided any letter citing the reason of termination / separation from the company.
Please let me know what step should I take to restore my service or claim compensation.
Thanks
From India, Bangalore
Dear friend,
What has happened with you is quite unfortunate. However, at this stage, you may put up application for review of the company's decision. Address it to the highest authority that heads the business unit. Please clarify your position and ask for reinstatement. If he remains inexorable then what to do that we will tell you later.
Thanks,
Dinesh Divekar
If autho
From India, Bangalore
7883What has happened with you is quite unfortunate. However, at this stage, you may put up application for review of the company's decision. Address it to the highest authority that heads the business unit. Please clarify your position and ask for reinstatement. If he remains inexorable then what to do that we will tell you later.
Thanks,
Dinesh Divekar
If autho
From India, Bangalore
Dear Mr.Diwaker.. there is no reply from the higher management, neither the HR. Let me know the further proceedings. Regards
From India, Bangalore
From India, Bangalore
Please try to put an appeal stating that you were surprised that your services were terminated abruptly and without giving any reason. If they come up with a written explanation try to take the cause from there else check what is in your employment terms regarding termination clause including notice period, if any, during probation period. Try not to confront your management at this stage as it would only precipitate the whole process and check if you can know the 'real' issue behind the verbal communication of termination of your services. Who has informed you of your termination and what is his/her position? Do not jump the gun at this early stage and allow things to settle down and seek explanation and try to put up your arguments which if the management is really interested in your continuation may allow.
From India, Hyderabad
From India, Hyderabad
Termination cannot be verbal. Put up an application giving your side of the case and seek clarifications. Further steps can be considered on receipt of reply or in case of no reply also.
From India, Pune
From India, Pune
Dear all...I have sent an email and 3 reminders subsequently. I have been terminated in the month of Feb 2018. I do not have any of the official mails and chats to support. Though I have made my case As Is mode basis. It was clearly in good faith to just check the methodology and in no intention. Please guide me what shall be my appropriate next step. Wil case stand strong if I opt for legal option or in labor court. I am based at Bangalore. Thanks
From India, Bangalore
From India, Bangalore
Pl read the probation clause in your appointment. Most likely, it would be providing for termination of service for unsatisfactory service during the period of probation without disclosing reason. As you have only 4 months of service, no right accrues to you to challenge the action. The action taken by the management in the facts and circumstances cannot be viewed as totally unjustified and when such coincidences are striking attention, tough action results. This is not only to discipline you but equally to serve a notice to others as to consequences of such default.
From India, Mumbai
From India, Mumbai
Dear colleague,
Termination of service is governed by the conditions stated in your appointment letter.Usually it is without assiging any reasons and with or without notice by either side.
Regardless of whether your termination is caused by alleged misbehavior or not, the employer can resort to simple termination during probation period in terms of the appointment letter.However, the order of termination cannot be verbal and has to be in writing.
You have put in four months' service so in my view unless you receive some positive response to your representation and in the absence of the same you have patience to persue the matter legally, , it is better to look for another job.
Regards,
Vinayak Nagarkar
HR-Consultant.
From India, Mumbai
Termination of service is governed by the conditions stated in your appointment letter.Usually it is without assiging any reasons and with or without notice by either side.
Regardless of whether your termination is caused by alleged misbehavior or not, the employer can resort to simple termination during probation period in terms of the appointment letter.However, the order of termination cannot be verbal and has to be in writing.
You have put in four months' service so in my view unless you receive some positive response to your representation and in the absence of the same you have patience to persue the matter legally, , it is better to look for another job.
Regards,
Vinayak Nagarkar
HR-Consultant.
From India, Mumbai
Dear Experts
Thanks for your valuable insights. However my point of apprehension, I oblige the terms of the Appointment letter, though the company has also to oblige its own policy. The internal exam exempts Managers/ Managerial position to write the exam. However the HR verbally communicated that the rule Shas been changed and will be updated in the manual shortly. I appeared the exam on good faith.
Though the coincidence fact was totally separate issue.
Hope to get some thought or opinion regarding the same. I am.looking for another job but how to justify almost 6 months gap to my prospective employer.
The company must show some responsibility in its action.
Thanks
From India, Bangalore
Thanks for your valuable insights. However my point of apprehension, I oblige the terms of the Appointment letter, though the company has also to oblige its own policy. The internal exam exempts Managers/ Managerial position to write the exam. However the HR verbally communicated that the rule Shas been changed and will be updated in the manual shortly. I appeared the exam on good faith.
Though the coincidence fact was totally separate issue.
Hope to get some thought or opinion regarding the same. I am.looking for another job but how to justify almost 6 months gap to my prospective employer.
The company must show some responsibility in its action.
Thanks
From India, Bangalore
Dear colleague,
You are disclosing information for the first time that you were working as Manager and that the test was not meant for you and appeared in good faith.
It appears both side have faulted --company by verbal termination and rquiring you to give test when not yet provided in the Manual and you were found copying.( whether true or false, don't know )
There is no labour law protection for Managerial category so your option is to appeal decision maker 's good sense or explore possibility of civil suit.
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
You are disclosing information for the first time that you were working as Manager and that the test was not meant for you and appeared in good faith.
It appears both side have faulted --company by verbal termination and rquiring you to give test when not yet provided in the Manual and you were found copying.( whether true or false, don't know )
There is no labour law protection for Managerial category so your option is to appeal decision maker 's good sense or explore possibility of civil suit.
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
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No Due Certificate.doc
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