Hi All,
I was a star performer with one of fortune 500 companies in Bangalore, India. Recently i was going through some personal crisis and to avoid the impact on my professional career i applied for a long leave of 25 days. The leaves were initially approved by my reporting manger but it was later rejected saying that the leaves were approved by mistake. Also the company had some audit review on me for which i was available on phone and cleared all my allegations. Since i was in distress i requested HR and Business to allow me to operate from other business location which was denied. All this continued for for 2 weeks and company sent me mails requesting me to report to office but i needed a couple of more days to close with my personal issues. The HR showed no mercy and went ahead with termination on 25th June 2015. However, I was available from 26th onwards but HR team were not ready for reconsidering the decision. I was asked to submit my office belongings, which i did.
Now my questions are:
1) If an employee is in personal distress and applies for leave to deal with it then how ethical it is for the company to cancel them with no solid reasoning.
2) Also if the employee has cleared all audit reviews then why this termination?
3) Why HR cannot reconsider the decision if the employee was a star performer?
Today i am shattered with this thought of termination and feel helpless at my company's decision. I also would like to understand my rights and what i can do to get this in order.
Regards,
Praveen
From India, Bangalore
I was a star performer with one of fortune 500 companies in Bangalore, India. Recently i was going through some personal crisis and to avoid the impact on my professional career i applied for a long leave of 25 days. The leaves were initially approved by my reporting manger but it was later rejected saying that the leaves were approved by mistake. Also the company had some audit review on me for which i was available on phone and cleared all my allegations. Since i was in distress i requested HR and Business to allow me to operate from other business location which was denied. All this continued for for 2 weeks and company sent me mails requesting me to report to office but i needed a couple of more days to close with my personal issues. The HR showed no mercy and went ahead with termination on 25th June 2015. However, I was available from 26th onwards but HR team were not ready for reconsidering the decision. I was asked to submit my office belongings, which i did.
Now my questions are:
1) If an employee is in personal distress and applies for leave to deal with it then how ethical it is for the company to cancel them with no solid reasoning.
2) Also if the employee has cleared all audit reviews then why this termination?
3) Why HR cannot reconsider the decision if the employee was a star performer?
Today i am shattered with this thought of termination and feel helpless at my company's decision. I also would like to understand my rights and what i can do to get this in order.
Regards,
Praveen
From India, Bangalore
Dear Praveen,
What has happened with you is quite unfortunate, nevertheless, we should keep professional and personal matter separate. It is our profession that gives us bread and butter. Its primacy must be cherished unwaveringly and by no account we should allow our personal matters to impinge the profession.
Replies to your questions are given in italics:
1) If an employee is in personal distress and applies for leave to deal with it then how ethical it is for the company to cancel them with no solid reasoning.
Comment: - Employee leave is privilege and not entitlement. Organisations work on this premise. In the leave policy, generally this statement is included. Nevertheless, first to approve the leave and then withdraw the approval is ham-handedness. Why you did not escalate the matter then? You could have knocked the doors of HR that time itself.
2) Also if the employee has cleared all audit reviews then why this termination?
Comment: - That the objections against you are cleared is your perception. Did the company issue you any written communication to this effect? Possibly your leave was cancelled because of the pending audit objections. Your organisation wanted you to be available personally for the clarifications, if any. Secondly, has HR mentioned clearly that you have been terminated because of the audit objections against you? Thirdly, company had sent you the mails to report to the office, yet you absented. Therefore, unauthorised absence could be the reason for your termination.
3) Why HR cannot reconsider the decision if the employee was a star performer?
Comment: - Performance and indiscipline need to be seen separately. There cannot be trade-of between these two. When you performed well, your company recognised it and possibly awarded suitably. However, when you breached the line of discipline, it came heavily on you. Whether to show clemency for indiscipline or not is a subjective matter. There is more than one interpretation. Yes, star performers cajoled in few organisations. But then it is their luck.
Above all gentleman, it appears that you have been ambushed. You could be under the scanner of authorities and they were waiting for the chance to strike. Audit objections and unauthorised absence came handy to strike against you.
Final comments: - Employee termination should be based on domestic enquiry. Did your company conduct the domestic enquiry? Did they give chance to prove your point? If not, then your organisation has faulted on this count. You may challenge your termination. However, before taking a course of litigation, I recommend you putting the application to your MD for showing clemency and reinstate your services. Possibly your MD may agree but you may have to partake something. Your wages could be reduced or you could be demoted. Accept it. If MD also remains inexorable, then you may file suit for illegal termination. Suit could force the other party to bring to the negotiation table.
Other senior members will also give their opinions.
Thanks,
Dinesh Divekar
From India, Bangalore
7881What has happened with you is quite unfortunate, nevertheless, we should keep professional and personal matter separate. It is our profession that gives us bread and butter. Its primacy must be cherished unwaveringly and by no account we should allow our personal matters to impinge the profession.
Replies to your questions are given in italics:
1) If an employee is in personal distress and applies for leave to deal with it then how ethical it is for the company to cancel them with no solid reasoning.
Comment: - Employee leave is privilege and not entitlement. Organisations work on this premise. In the leave policy, generally this statement is included. Nevertheless, first to approve the leave and then withdraw the approval is ham-handedness. Why you did not escalate the matter then? You could have knocked the doors of HR that time itself.
2) Also if the employee has cleared all audit reviews then why this termination?
Comment: - That the objections against you are cleared is your perception. Did the company issue you any written communication to this effect? Possibly your leave was cancelled because of the pending audit objections. Your organisation wanted you to be available personally for the clarifications, if any. Secondly, has HR mentioned clearly that you have been terminated because of the audit objections against you? Thirdly, company had sent you the mails to report to the office, yet you absented. Therefore, unauthorised absence could be the reason for your termination.
3) Why HR cannot reconsider the decision if the employee was a star performer?
Comment: - Performance and indiscipline need to be seen separately. There cannot be trade-of between these two. When you performed well, your company recognised it and possibly awarded suitably. However, when you breached the line of discipline, it came heavily on you. Whether to show clemency for indiscipline or not is a subjective matter. There is more than one interpretation. Yes, star performers cajoled in few organisations. But then it is their luck.
Above all gentleman, it appears that you have been ambushed. You could be under the scanner of authorities and they were waiting for the chance to strike. Audit objections and unauthorised absence came handy to strike against you.
Final comments: - Employee termination should be based on domestic enquiry. Did your company conduct the domestic enquiry? Did they give chance to prove your point? If not, then your organisation has faulted on this count. You may challenge your termination. However, before taking a course of litigation, I recommend you putting the application to your MD for showing clemency and reinstate your services. Possibly your MD may agree but you may have to partake something. Your wages could be reduced or you could be demoted. Accept it. If MD also remains inexorable, then you may file suit for illegal termination. Suit could force the other party to bring to the negotiation table.
Other senior members will also give their opinions.
Thanks,
Dinesh Divekar
From India, Bangalore
What was your leave entitlement in the company?
Star performer in which field.
Is there some system of grading?
What was the nature of audit review?
Was the the audit queries matter discussed in writing and sorted out on paper?
Have you confirmation that audit is clear?
Notwithstanding all these queries,an employee cannot be terminated without a proper domestic enquiry.
If they have failed to hold an enquiry and terminated you,there is cause for you to take legal action.
As far your three queries go
Leave is a privilege and not an entitlement.
Have you got written clearance regarding audit query?
Law is same for ordinary performer and star performer.
But from facts narrated the company did not show grace and kindness to an employee who badly needed leave.
From India, Pune
Star performer in which field.
Is there some system of grading?
What was the nature of audit review?
Was the the audit queries matter discussed in writing and sorted out on paper?
Have you confirmation that audit is clear?
Notwithstanding all these queries,an employee cannot be terminated without a proper domestic enquiry.
If they have failed to hold an enquiry and terminated you,there is cause for you to take legal action.
As far your three queries go
Leave is a privilege and not an entitlement.
Have you got written clearance regarding audit query?
Law is same for ordinary performer and star performer.
But from facts narrated the company did not show grace and kindness to an employee who badly needed leave.
From India, Pune
Dear Praveen,
Heading of your post "Employee Termination Without Logical Reasoning" is little inappropriate. I have changed it to "Employee Termination Without Valid Reasons".
Logical Reasoning is defined as "Logical reasoning is the process of using a rational, systematic series of steps based on sound mathematical procedures and given statements to arrive at a conclusion. Geometric proofs use logical reasoning and the definitions and properties of geometric figures and terms to state definitively that something is always true."
Thanks,
Dinesh Divekar
From India, Bangalore
Heading of your post "Employee Termination Without Logical Reasoning" is little inappropriate. I have changed it to "Employee Termination Without Valid Reasons".
Logical Reasoning is defined as "Logical reasoning is the process of using a rational, systematic series of steps based on sound mathematical procedures and given statements to arrive at a conclusion. Geometric proofs use logical reasoning and the definitions and properties of geometric figures and terms to state definitively that something is always true."
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Praveen
I concur with Dinesh Divekar's advice. In addition you may also need to refer to termination policy handbook and its guidelines that prevail in your organisation or that you have accepted in your offer of appointment, if any. You may have to also think of the fact that once your leaves were cancelled you should have reported back to work and upon approval only you should have taken the entitlement.
In all: the only approach is to write a note to head of the organisation and request them chance to reconsider.
or
You can follow the litigation approach but that only consumes time and money, generally decision here take a while.
We wish you good luck and may you achieve success in your endevours.
regards
Gurmeet
V.P. HR
Gurgaon
9810821216
From India, Gurgaon
I concur with Dinesh Divekar's advice. In addition you may also need to refer to termination policy handbook and its guidelines that prevail in your organisation or that you have accepted in your offer of appointment, if any. You may have to also think of the fact that once your leaves were cancelled you should have reported back to work and upon approval only you should have taken the entitlement.
In all: the only approach is to write a note to head of the organisation and request them chance to reconsider.
or
You can follow the litigation approach but that only consumes time and money, generally decision here take a while.
We wish you good luck and may you achieve success in your endevours.
regards
Gurmeet
V.P. HR
Gurgaon
9810821216
From India, Gurgaon
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