Dear all,
We are facing some issue related full and final with one employee in my company. Please advice what can we do best in the below situation.
Its been 4 months I am working as HR for this company. Here are the concerns below:
Company has hired a one BD girl for the position of Business Development Manager. Her joining was from July 2015 and resignation was on May 2016.
We were facing issue about the performance. We had a meeting to view the performance and mutually agreed to part our ways. She documented over mail referring the meeting that as per the t her services are no longer required in company and asked the date for settlement. Director responded on this mail that it will be done as per the policy and you can resign as per discussion. After that she resigns via email. She was too negative in the office so company told her not to come to office after the handover. We settled on some amount (including incentive after payment from client) ask her to handover the client data.
During the notice period One day she have mailed to the director that she need a off for one interview. She did not suddenly not come to the office.
Later on She mailed us and mentioned that she was forced to give resignation and she mentioned that as I was asked to leave and should be treated as termination. We have mailed her about her hand over but she has given so many excuses and linger on the process. She still has our company assets which is accepted in the conversation and promised a date to return which she never did.
She just mailed one xls sheet and did not introduce us with any of the client and rather intimated the client directly about her exit. Now she is positioning it as a lady harassment issue in the mails.
After that she wrote long mails and Blaming company for her performance, resignation.
Every email she mentioned that This correspondence is being made without Prejudice, legal rights and contentions of the issues under reference.
Surprisingly We have never said for the holding her full and final. We have called her so many times for the full and final but she didn’t turned up.
Now she is asking for more money in full and final. Now she is saying that because of her company got lot of projects. And I want the incentive. But in past she accepted that she did not do anything but that was verbal.
Please suggest.
Also please suggest any good Lawyer who is experienced to hand such cases.
Company registered in Delhi Location.
Regards,
From India, New Delhi
2We are facing some issue related full and final with one employee in my company. Please advice what can we do best in the below situation.
Its been 4 months I am working as HR for this company. Here are the concerns below:
Company has hired a one BD girl for the position of Business Development Manager. Her joining was from July 2015 and resignation was on May 2016.
We were facing issue about the performance. We had a meeting to view the performance and mutually agreed to part our ways. She documented over mail referring the meeting that as per the t her services are no longer required in company and asked the date for settlement. Director responded on this mail that it will be done as per the policy and you can resign as per discussion. After that she resigns via email. She was too negative in the office so company told her not to come to office after the handover. We settled on some amount (including incentive after payment from client) ask her to handover the client data.
During the notice period One day she have mailed to the director that she need a off for one interview. She did not suddenly not come to the office.
Later on She mailed us and mentioned that she was forced to give resignation and she mentioned that as I was asked to leave and should be treated as termination. We have mailed her about her hand over but she has given so many excuses and linger on the process. She still has our company assets which is accepted in the conversation and promised a date to return which she never did.
She just mailed one xls sheet and did not introduce us with any of the client and rather intimated the client directly about her exit. Now she is positioning it as a lady harassment issue in the mails.
After that she wrote long mails and Blaming company for her performance, resignation.
Every email she mentioned that This correspondence is being made without Prejudice, legal rights and contentions of the issues under reference.
Surprisingly We have never said for the holding her full and final. We have called her so many times for the full and final but she didn’t turned up.
Now she is asking for more money in full and final. Now she is saying that because of her company got lot of projects. And I want the incentive. But in past she accepted that she did not do anything but that was verbal.
Please suggest.
Also please suggest any good Lawyer who is experienced to hand such cases.
Company registered in Delhi Location.
Regards,
From India, New Delhi
Send her a letter by speed post asking for return of company assets.
List out items in her custody.
Give a date by which items are to be returned.
Work out her FnF amount as per agreement and keep it ready for despatch on return of company items.
It has not yet become a legal case.
Most of your dealings have been on email(not that Email is not valid) but record of delivery will be easy to verify for physical letters.
Don't bother about her claims of harassment.
Does she say who harassed her?
Harassment issue has come up only after leaving the company and without returning company items.
Keep copy of all mails readily available in case you have to make it legal.
I do hope her performance review meeting was documented and out up to next higher authorities in the chain for remarks.
Decline to pay incentive if her poor performance was documented.
Do not delay taking up the issue.
Stick to the point while writing and give clear days for return and amount which will be paid for fnf
From India, Pune
List out items in her custody.
Give a date by which items are to be returned.
Work out her FnF amount as per agreement and keep it ready for despatch on return of company items.
It has not yet become a legal case.
Most of your dealings have been on email(not that Email is not valid) but record of delivery will be easy to verify for physical letters.
Don't bother about her claims of harassment.
Does she say who harassed her?
Harassment issue has come up only after leaving the company and without returning company items.
Keep copy of all mails readily available in case you have to make it legal.
I do hope her performance review meeting was documented and out up to next higher authorities in the chain for remarks.
Decline to pay incentive if her poor performance was documented.
Do not delay taking up the issue.
Stick to the point while writing and give clear days for return and amount which will be paid for fnf
From India, Pune
Dear Shivani, I totally agree with Nathrao. please be prompt on the steps what Nathrao has suggested.
From India, Mumbai
From India, Mumbai
Dear Shivani,
It looks like she is receiving some legal guidance on her plan of action. Hence, please consult a lawyer first and then start responding to her.
Her harassment claim would strengthen if you make even one single wrong move.
This is no longer an HR issue , but should rather be dealt by Corporate Lawyer.
Which city are you based? You need someone from the same city.
Looking forward to hear from you!
From India, Mumbai
It looks like she is receiving some legal guidance on her plan of action. Hence, please consult a lawyer first and then start responding to her.
Her harassment claim would strengthen if you make even one single wrong move.
This is no longer an HR issue , but should rather be dealt by Corporate Lawyer.
Which city are you based? You need someone from the same city.
Looking forward to hear from you!
From India, Mumbai
Dear All,
Thanks for reply.
Regarding her performance, Company has written lot of mails in past regarding her poor performance. But unfortunately we don't have any physical letter for the same.
We have call her to come to the office. She came to office with two people and claiming that they are brother and friend. but i think she came with her legal lawyer and she didn't want to mention that.
My MD was not present due to some emergency so that meeting was postponed.
My Boss wrote a mail to her regarding collecting cheque of full and final (he also mention in mail that amount of incentive was decided and agreed by both side ).
After the meeting she mailed us her total full and final amount which is double as per the company.
I don't where the things will go on.
(Cite Contribution) : We are based in Delhi.
Regards,
Shivani
From India, New Delhi
Thanks for reply.
Regarding her performance, Company has written lot of mails in past regarding her poor performance. But unfortunately we don't have any physical letter for the same.
We have call her to come to the office. She came to office with two people and claiming that they are brother and friend. but i think she came with her legal lawyer and she didn't want to mention that.
My MD was not present due to some emergency so that meeting was postponed.
My Boss wrote a mail to her regarding collecting cheque of full and final (he also mention in mail that amount of incentive was decided and agreed by both side ).
After the meeting she mailed us her total full and final amount which is double as per the company.
I don't where the things will go on.
(Cite Contribution) : We are based in Delhi.
Regards,
Shivani
From India, New Delhi
Dear Shivani,
When you scheduled a meeting with her, did you have your lawyer on board? Did you corporate lawyer attend the meeting?
What she is dong is full proof. Please get a lawyer on board. I suggest you connect with Mr. P.S.Dhingra.
He has been contributing in this community
From India, Mumbai
When you scheduled a meeting with her, did you have your lawyer on board? Did you corporate lawyer attend the meeting?
What she is dong is full proof. Please get a lawyer on board. I suggest you connect with Mr. P.S.Dhingra.
He has been contributing in this community
From India, Mumbai
First step you have got to take is to collate all documentary evidence about her work, clients referred,incentives authorised and paid,emails and any other relevant document.
Secondly list out company assets and her acknowledgement for receiving the asset-may be laptop-serial number make,date of issue and her receipt for the item etc.
Pay her strictly as per company norms-kindly check her appointment order to confirm
List our dues-items,any money of company due to repaid etc.
List out documents showing her work performance.
The lady concerned herself has acknowledged after a meeting that she wanted a date for leaving/exit.
Be careful that she is consulting a lawyer.
You also consult a lawyer and learned Shri Dhingra can be contacted.
When people try to convert a normal termination case into a harassment case,then be sure that she is on loosing side(unless she was really harassed)
No company is bound to keep an employee who is not delivering.
All you need is evidence,documents and proof that company tried to advice and gave chance for improvement.
Insist on return of company assets immediately.
Do not get bogged down by the ex employee and her lawyer.
Sometimes all this show of bringing lawyer is just an empty threat.
No Judge will pull up an organisation which is following rules and treating employees fairly.
Do not bucket down and accept higher FnF than what is rises by claiming more client referrals than what is documented.
From India, Pune
Secondly list out company assets and her acknowledgement for receiving the asset-may be laptop-serial number make,date of issue and her receipt for the item etc.
Pay her strictly as per company norms-kindly check her appointment order to confirm
List our dues-items,any money of company due to repaid etc.
List out documents showing her work performance.
The lady concerned herself has acknowledged after a meeting that she wanted a date for leaving/exit.
Be careful that she is consulting a lawyer.
You also consult a lawyer and learned Shri Dhingra can be contacted.
When people try to convert a normal termination case into a harassment case,then be sure that she is on loosing side(unless she was really harassed)
No company is bound to keep an employee who is not delivering.
All you need is evidence,documents and proof that company tried to advice and gave chance for improvement.
Insist on return of company assets immediately.
Do not get bogged down by the ex employee and her lawyer.
Sometimes all this show of bringing lawyer is just an empty threat.
No Judge will pull up an organisation which is following rules and treating employees fairly.
Do not bucket down and accept higher FnF than what is rises by claiming more client referrals than what is documented.
From India, Pune
Definitely she is getting a legal help and fortunately/ unfortunately she is moving towards a right direction.
A company can either terminate the employee or the employee can at his own will resign from the service.
In your case it seems that you have asked her to resign (which is documented in the mail) which is bad in law and amounts to illegal termination. If you wish to terminate the service for some misconduct (even less production) then you have give him opportunity to increase his productivity (communication through email is not an issue though). However, before terminating on any charges (even if it is less productivity) it is essential to issue a charge sheet, conduct enquiry and prove the charges.
Since she is getting professional legal help, it is essential as mentioned by other members to seek advice from a lawyer before taking any step. A wrong move can go against you in a very bad way.
Check my labour law blog at www.labourlawhub.com
From India, Kolkata
A company can either terminate the employee or the employee can at his own will resign from the service.
In your case it seems that you have asked her to resign (which is documented in the mail) which is bad in law and amounts to illegal termination. If you wish to terminate the service for some misconduct (even less production) then you have give him opportunity to increase his productivity (communication through email is not an issue though). However, before terminating on any charges (even if it is less productivity) it is essential to issue a charge sheet, conduct enquiry and prove the charges.
Since she is getting professional legal help, it is essential as mentioned by other members to seek advice from a lawyer before taking any step. A wrong move can go against you in a very bad way.
Check my labour law blog at www.labourlawhub.com
From India, Kolkata
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