Dear Seniors,
Recently we terminated a few employees. It was a management decesion in the pretext of Cost-cutting. But it was actually weeding out the under/no performers.
Out of this lot was one elderly employee, about 54yrs of age. He was initially taken because of strong reference of one of our clients. We tried putting his experience to almost every department without any use. He surely had some psychological problems due to which he had issues with everyones work. (This statement is based on more than one instances)
The problem is, when he was told that because of cost cutting & not having any specific department & work he is being removed, but since we dont want to show it as termination, we asked him to put down his papers. We were fine with him serving notice period, but he reacted very strangely. He just walked in MD's cabin, said that it is very unprofessional to remove him like this & since company is removing him doesnt want to give any resignation. After that he just walked out of the office. (He did submit his ID Card to us). Now he has mailed saying he wants his dues cleared as soon as possible. He is also demanding amount against his notice period.
We very clearly had mentioned that he can finish his notice period & then go which he didnt do. Moresoever, now he doesnt have any proof of his leaving since neither we have given any written notice or termination letter nor he has given his resignation.
How exactly should this situation be handled. Please advice.
From India, Mumbai
25Recently we terminated a few employees. It was a management decesion in the pretext of Cost-cutting. But it was actually weeding out the under/no performers.
Out of this lot was one elderly employee, about 54yrs of age. He was initially taken because of strong reference of one of our clients. We tried putting his experience to almost every department without any use. He surely had some psychological problems due to which he had issues with everyones work. (This statement is based on more than one instances)
The problem is, when he was told that because of cost cutting & not having any specific department & work he is being removed, but since we dont want to show it as termination, we asked him to put down his papers. We were fine with him serving notice period, but he reacted very strangely. He just walked in MD's cabin, said that it is very unprofessional to remove him like this & since company is removing him doesnt want to give any resignation. After that he just walked out of the office. (He did submit his ID Card to us). Now he has mailed saying he wants his dues cleared as soon as possible. He is also demanding amount against his notice period.
We very clearly had mentioned that he can finish his notice period & then go which he didnt do. Moresoever, now he doesnt have any proof of his leaving since neither we have given any written notice or termination letter nor he has given his resignation.
How exactly should this situation be handled. Please advice.
From India, Mumbai
althought im not a senior i take this opportunity to put down my $0.02 advice to you.
Keep yourself in that old man's shoes and THEN take appropriate action.
The basic idea is not to fool anyone including self.
1) he is terminated and you cannot fancy disguise it in any other manner,
2) termination cannot be post a date of notice period , is usually immediate ( under dire circumstances usually unlike your case )
3) why deprieve a outgoing employee for whatever contribution he has put to the company? Pay him his dues and settle it amicably.
4) cost cutting i dont think would be financially suitable in most companies, as cost of a new joinee and associated on job training / time will be more expensive or same as previous employee who is terminated. ( i reserve my comments on this one, but time will tell )
Hope this gives an insight into how to resolve this case.
:P
From India, Mumbai
Keep yourself in that old man's shoes and THEN take appropriate action.
The basic idea is not to fool anyone including self.
1) he is terminated and you cannot fancy disguise it in any other manner,
2) termination cannot be post a date of notice period , is usually immediate ( under dire circumstances usually unlike your case )
3) why deprieve a outgoing employee for whatever contribution he has put to the company? Pay him his dues and settle it amicably.
4) cost cutting i dont think would be financially suitable in most companies, as cost of a new joinee and associated on job training / time will be more expensive or same as previous employee who is terminated. ( i reserve my comments on this one, but time will tell )
Hope this gives an insight into how to resolve this case.
:P
From India, Mumbai
Thanks for your response. We have already settled his dues yesterday. Although he wasn't very happy, he was atleast contented that his final settlement happened immediately.
BTW we tried understanding his point of view for 4 months but somehow he would have argument with every person in every department he tried working for. We tried using his experience in 4 departments without any result/outcome & that was when we decided to ask him to leave. And we also gave him the option to serve his notice period so that he has time to possibly look-out for something else. (this option he rejected anyway.)
From India, Mumbai
BTW we tried understanding his point of view for 4 months but somehow he would have argument with every person in every department he tried working for. We tried using his experience in 4 departments without any result/outcome & that was when we decided to ask him to leave. And we also gave him the option to serve his notice period so that he has time to possibly look-out for something else. (this option he rejected anyway.)
From India, Mumbai
Dear Darshana,
It's good that you have settled this case. I suggest that you should keep few points on priority while dealing with these sort of cases.
1). At one point you said that you had terminated and at other place you said that you asked emp. to put down his paper. These are 2 contradectory things. When you had terminated than how can he put down papers. If you termiante any bady pls give emp. in return.
2). In present case it seems legally neither you terminated the emp. nor he had given resignation. it implied resignation (as had given you id and other materials). To be on safer side pls consider these sort of cases in voluntary absconding and process accordingly. So that you don't face any legal probelm.
with regards
White Eagle
From India, Hyderabad
It's good that you have settled this case. I suggest that you should keep few points on priority while dealing with these sort of cases.
1). At one point you said that you had terminated and at other place you said that you asked emp. to put down his paper. These are 2 contradectory things. When you had terminated than how can he put down papers. If you termiante any bady pls give emp. in return.
2). In present case it seems legally neither you terminated the emp. nor he had given resignation. it implied resignation (as had given you id and other materials). To be on safer side pls consider these sort of cases in voluntary absconding and process accordingly. So that you don't face any legal probelm.
with regards
White Eagle
From India, Hyderabad
dear i donot know yor name,as you have mentioned that you are not senior but i feel that the answer given by you is just like a matured person.keep it up. regards j s malik
From India, Delhi
From India, Delhi
Thanks White Eagle, for the points given. The contradiction is because as per our Appointment letter, All probationers can be removed/terminated either immediately or giving One Month's notice at the discretion of the management(NO salary in lieu of). In this case we thought about his age, experience & the reason behind seperation.
We thought that since we had hired him in the first place just because of a strong reference & that he should not be wronged, & so we asked him to "put down his papers with notice".
Because of the above reasons this case could not be considered as "absonding from work"
From India, Mumbai
We thought that since we had hired him in the first place just because of a strong reference & that he should not be wronged, & so we asked him to "put down his papers with notice".
Because of the above reasons this case could not be considered as "absonding from work"
From India, Mumbai
Dear Malik Sir,
I am a human resources manager and whatever i adviced is exactly what i would do both personally & professionally.
In the past, I have read some of your comments on other posts as well.
Thank you for your kind words and comments.
I merely manage a pvt ltd company work force of 2500+ employees.
Best Wishes
H.R.Manager
From India, Mumbai
I am a human resources manager and whatever i adviced is exactly what i would do both personally & professionally.
In the past, I have read some of your comments on other posts as well.
Thank you for your kind words and comments.
I merely manage a pvt ltd company work force of 2500+ employees.
Best Wishes
H.R.Manager
From India, Mumbai
Im glad to read that the outgoing person was contented about his settlement. If my $0.02 advice helped you process this case,my objective is complete.
I take liberty to comment / add a few lines :- Its not about using experience or asking him to leave/terminate /etc. Its about being human is what i i was enforcing my point, we are all HUMAN Resources. Instead of understanding his viewpoint for 4 months, all you had to do is 1) give him honest feedback about his work - that his work is not appreciated
2) put him on a K.R.A list - Do or Leave option ( 4 months back )
3) feedback at end of month - Desired effect he would request to resign if he himself finds his K.R.A is not matched end of 2 months.
4) Individually and professionally appreciate every person for all the time they have invested /worked for the company alongside us. You never know one day the company might stop loving which employee- Think about it. That day in past /Yesterday was his turn. Tomorrow who knows.
This is where i sink back into the depths of silence.
From India, Mumbai
I take liberty to comment / add a few lines :- Its not about using experience or asking him to leave/terminate /etc. Its about being human is what i i was enforcing my point, we are all HUMAN Resources. Instead of understanding his viewpoint for 4 months, all you had to do is 1) give him honest feedback about his work - that his work is not appreciated
2) put him on a K.R.A list - Do or Leave option ( 4 months back )
3) feedback at end of month - Desired effect he would request to resign if he himself finds his K.R.A is not matched end of 2 months.
4) Individually and professionally appreciate every person for all the time they have invested /worked for the company alongside us. You never know one day the company might stop loving which employee- Think about it. That day in past /Yesterday was his turn. Tomorrow who knows.
This is where i sink back into the depths of silence.
From India, Mumbai
Kudos the senior HR Manager atleast there are some good HR Managers who understands the senior staff's problems. See in today's world young generation & old cannot go side byside, unless the senior person agrees whatever tamasha done by the juniors irrespective of understanding senior's status & likes. In every company in the name of cost cutting just terminate the employee without valid reasons, just by mentioning he is not contributor, mere worker, not listen to his seniors etc., but in reality whether the company top brass are willing to cut their pay, no I have never seen this happen, becos no way to check their pay even HR says their pay is also cut etc.,
From India, Ernakulam
From India, Ernakulam
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