Hi All,
We have an employee who has ill wife and pre-born baby who need contact medical support and frequently getting hospitalized and his mother also suffering from cancer and her treatment is going on since last 5 years. Moreover as part of retaliation he was being victimized in his last company by his senior director as the employed exposed few illegal and unlawful activities of his senior director and his team. So finally he had put his resignation letter as he did not get any management support. We also came to know that particular director and his team were being fired by management later once they came to know about few codes of conduct issues and illegal acts through thorough internal investigation. Also same kind of things which happened recently like recruitment of same people from his previous company though h*e had opposed, playing dirty politics by those and constantly putting him on pressure and anxiety by doing all kind of workplace harassment and bulling which is as part of constructive dismissal. Due to all these in last 3-4 months lately he’s been coming to work late and cutting out early. As his work is suffering mental health issue which resulted loss of concentration, not showing interest to any activities, feeling lonely and isolated etc , too— product team who are very jealous of his knowledge working with legacy technology from many years had created and gave wrong feedback to higher authority that he’s making lots of careless mistakes and has been short with the product team who also using wrong process and this person has been opposing and asking them to use correct process technology, , not to mention picking fights with his co-workers. I know and felt bad as this person is very honest, innocent and straight forward and does not know how to answer diplomatically. He also never reject anything i.e always agreed to do whatever people ask him to do. While he used to be a better employee than he is now, worked daily 15-17 hours daily and got highest performance bonus previously, also doing extra work apart from his primary architect responsibility , management recently recruited 5 people for the additional works he did , he’s been great and he has golden past records and experiences, he has highest academic qualification, was topper and passed out from country’s best internationally recognized technical institute and worked world best product development companies past, holder of many technical patent and he is famous, good reputation due to his technical innovative skills and have many technical publication . He also got many awards and presented many paper at various international conference,. H e also had mentioned many times about his mental health issue ( clinical and reactive depression) and finally he had broke down(severe panic attack) at office in January due to continuous emotional distressed and management gave him 1 month paid medical leave for his treatment. We also talked to his family members whom I know personally. During his treatment he was constantly touched with me and employees including HR. I also feel company is responsible for his medical health issue. As he got recovered, he had shown his interest to resume back duty and submitted doctor’s fitness certificate. But management is thinking to let him go by giving ground like position elimination though I know this is wrong. Nevertheless I had objected many times, but management did not listen and even threaten me also. So as helpless manager I’ve been thinking about letting him go.
Are there any legal problems with that?
Thanks & regards,
Kan
From India, Bengaluru
We have an employee who has ill wife and pre-born baby who need contact medical support and frequently getting hospitalized and his mother also suffering from cancer and her treatment is going on since last 5 years. Moreover as part of retaliation he was being victimized in his last company by his senior director as the employed exposed few illegal and unlawful activities of his senior director and his team. So finally he had put his resignation letter as he did not get any management support. We also came to know that particular director and his team were being fired by management later once they came to know about few codes of conduct issues and illegal acts through thorough internal investigation. Also same kind of things which happened recently like recruitment of same people from his previous company though h*e had opposed, playing dirty politics by those and constantly putting him on pressure and anxiety by doing all kind of workplace harassment and bulling which is as part of constructive dismissal. Due to all these in last 3-4 months lately he’s been coming to work late and cutting out early. As his work is suffering mental health issue which resulted loss of concentration, not showing interest to any activities, feeling lonely and isolated etc , too— product team who are very jealous of his knowledge working with legacy technology from many years had created and gave wrong feedback to higher authority that he’s making lots of careless mistakes and has been short with the product team who also using wrong process and this person has been opposing and asking them to use correct process technology, , not to mention picking fights with his co-workers. I know and felt bad as this person is very honest, innocent and straight forward and does not know how to answer diplomatically. He also never reject anything i.e always agreed to do whatever people ask him to do. While he used to be a better employee than he is now, worked daily 15-17 hours daily and got highest performance bonus previously, also doing extra work apart from his primary architect responsibility , management recently recruited 5 people for the additional works he did , he’s been great and he has golden past records and experiences, he has highest academic qualification, was topper and passed out from country’s best internationally recognized technical institute and worked world best product development companies past, holder of many technical patent and he is famous, good reputation due to his technical innovative skills and have many technical publication . He also got many awards and presented many paper at various international conference,. H e also had mentioned many times about his mental health issue ( clinical and reactive depression) and finally he had broke down(severe panic attack) at office in January due to continuous emotional distressed and management gave him 1 month paid medical leave for his treatment. We also talked to his family members whom I know personally. During his treatment he was constantly touched with me and employees including HR. I also feel company is responsible for his medical health issue. As he got recovered, he had shown his interest to resume back duty and submitted doctor’s fitness certificate. But management is thinking to let him go by giving ground like position elimination though I know this is wrong. Nevertheless I had objected many times, but management did not listen and even threaten me also. So as helpless manager I’ve been thinking about letting him go.
Are there any legal problems with that?
Thanks & regards,
Kan
From India, Bengaluru
Terminating an employee with medical health issues and alleged workplace harassment requires careful consideration to avoid legal repercussions. Legal considerations include medical conditions, retaliation, and family medical leave. Documentation and due process are crucial, and consulting legal counsel is recommended. Practical steps include accommodation, investigation, documentation, open communication, and seeking guidance. Ensuring compliance with labor laws and providing support can help manage the situation effectively.
From India, Guwahati
2From India, Guwahati
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