My friend started his career as a trainee software engineer in an Indian origin MNC . But after 1 month and 2 weeks he was forced to resign or face termination stating poor performance. What to do in such circumstances? Is it legal to threaten anybody to resign?
Here's what happened-
Soon after joining he was told that his 4 months tech training period has been cut short to 1 month and everything has to be cleared in order to get allocated for a project. He was trained on 4 technologies/software and among 4 one was totally useless because they never had clients or will never work on that technology in future.The trainers themselves admitted it's useless. But the training team management was adamant and included it. Now he cleared 3 assessments and failed/intentionally failed by the evaluator in the last one.
After the last assessment project allocations started and everyone was getting interviews from RMG even my friend got the call. He told that he had not cleared the assessment and asked what to do. The RMG asked about the technology and she was partly annoyed with the Training Team Manager ,because they were teaching something which is useless.She told that she'll discuss and will let him know about their decision. She had a discussion with them and told that it's fine and allowed them to attend the project allocation interviews. As a formality my friend informed the training team manager and went for the interview. He got selected to work in a cost project. But two week later he got a mail from training team manager asking him to meet biz HR for further process since he failed clear the assessment. He was surprised as he had already spoken about it with training team Manager,RMG and project manager. He informed his manager about the meeting with biz HR and his manager told him to relax as they haven't fired any fresher for failing assessments and also added that there were people who failed the assessment and still they are working in the company. He went to meet the biz HR and the HR told him they can't have someone who failed the assessment and the HR gave the option to voluntarily resign and they'll pay him 3 months salary or else they'll terminate him a remark on his performance which'll be a black mark on his career. They also didn't give him a chance to speak to anyone or meet anyone until he made his decision.
Fearing the impact of termination he chose to resign and after that he was asked to leave his ID and his personal belongings would be handed over to him by the security guard. One of his friends who was adamant on resigning voluntarily wasn't let out of the company and was pressurised to resign and eventually succumbed to it and resigned. When my friend called his project manager he told he told he'll speak and see if he could do something about it and also told that he shouldn't have resigned voluntarily no matter what. When the manager spoke to biz HR and asked him how could he terminate without asking the project manager,the biz HR told he himself has voluntarily resigned but the manager argued that he knew what had happened and the resource was the right for the project and he wanted him back, the biz HR told that he was forced to do it because the top management told him to do so and there's no chance of retaining him. He lost his job.
Is there any way to legally take this forward based on the following points:
1. Evaluation was a manual one in the module he failed to clear. For other 3 modules it was computer based. Plagiarism check can easily prove that the evaluator was at fault.
2. There was a condition that once a employee has been allocated to a project he can't be terminated without asking the project manager.
From India, Bengaluru
Here's what happened-
Soon after joining he was told that his 4 months tech training period has been cut short to 1 month and everything has to be cleared in order to get allocated for a project. He was trained on 4 technologies/software and among 4 one was totally useless because they never had clients or will never work on that technology in future.The trainers themselves admitted it's useless. But the training team management was adamant and included it. Now he cleared 3 assessments and failed/intentionally failed by the evaluator in the last one.
After the last assessment project allocations started and everyone was getting interviews from RMG even my friend got the call. He told that he had not cleared the assessment and asked what to do. The RMG asked about the technology and she was partly annoyed with the Training Team Manager ,because they were teaching something which is useless.She told that she'll discuss and will let him know about their decision. She had a discussion with them and told that it's fine and allowed them to attend the project allocation interviews. As a formality my friend informed the training team manager and went for the interview. He got selected to work in a cost project. But two week later he got a mail from training team manager asking him to meet biz HR for further process since he failed clear the assessment. He was surprised as he had already spoken about it with training team Manager,RMG and project manager. He informed his manager about the meeting with biz HR and his manager told him to relax as they haven't fired any fresher for failing assessments and also added that there were people who failed the assessment and still they are working in the company. He went to meet the biz HR and the HR told him they can't have someone who failed the assessment and the HR gave the option to voluntarily resign and they'll pay him 3 months salary or else they'll terminate him a remark on his performance which'll be a black mark on his career. They also didn't give him a chance to speak to anyone or meet anyone until he made his decision.
Fearing the impact of termination he chose to resign and after that he was asked to leave his ID and his personal belongings would be handed over to him by the security guard. One of his friends who was adamant on resigning voluntarily wasn't let out of the company and was pressurised to resign and eventually succumbed to it and resigned. When my friend called his project manager he told he told he'll speak and see if he could do something about it and also told that he shouldn't have resigned voluntarily no matter what. When the manager spoke to biz HR and asked him how could he terminate without asking the project manager,the biz HR told he himself has voluntarily resigned but the manager argued that he knew what had happened and the resource was the right for the project and he wanted him back, the biz HR told that he was forced to do it because the top management told him to do so and there's no chance of retaining him. He lost his job.
Is there any way to legally take this forward based on the following points:
1. Evaluation was a manual one in the module he failed to clear. For other 3 modules it was computer based. Plagiarism check can easily prove that the evaluator was at fault.
2. There was a condition that once a employee has been allocated to a project he can't be terminated without asking the project manager.
From India, Bengaluru
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Interview Evaluation.doc
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