Dear Seniors,
I have joined in an Organization recently for the Generalist role.
In my present organization we had an employee who was appointed in the Senior Category. The employee once found to be guilt in the way of dealing business, the management (on humanitarian grounds) had warned since the employee was a Female.
The very next day , the employee had sent a Resignation letter through the official mail id and by next one hour it was taken back with a Regret mail for the Decision of Quitting from Service.
When the loss incurred due to the employee's misconduct rose too high the management was demanding some explanation, but the employee refused to lend the ears and the same day and had quit the company by hitting a mail from the personal mail id.
As the Management was too keen on bringing the business for the vertical that this person was handling didnt show much of the interest on the exit of the employee and didnt conduct any formal exit/Termination & didnt settle the salary too.
But the employee had went one step further and approached a lawyer and had filed a suit against the management asking salary for the days that she had worked till the resignation.
I would like to know about the two factors which i ve mentioned below:
* Is this employee eligible to get the final settlement/Service letter as she has not served any notice period?
* Moreover she has resigned from her service & took back with a regret letter for the hasty decision and resigned once again.So do we need consider it as Re-Joining till she had resigned the second time.
(Note: The time frame which the employee worked till her first time of Resignation was Jan'08-Apr'10 and the timeframe till her second time of Resignation 29th Apr'10 - 30th Apr'10)
I would be glad if you could share your views.
Regards
Sunitha
From India, Madras
I have joined in an Organization recently for the Generalist role.
In my present organization we had an employee who was appointed in the Senior Category. The employee once found to be guilt in the way of dealing business, the management (on humanitarian grounds) had warned since the employee was a Female.
The very next day , the employee had sent a Resignation letter through the official mail id and by next one hour it was taken back with a Regret mail for the Decision of Quitting from Service.
When the loss incurred due to the employee's misconduct rose too high the management was demanding some explanation, but the employee refused to lend the ears and the same day and had quit the company by hitting a mail from the personal mail id.
As the Management was too keen on bringing the business for the vertical that this person was handling didnt show much of the interest on the exit of the employee and didnt conduct any formal exit/Termination & didnt settle the salary too.
But the employee had went one step further and approached a lawyer and had filed a suit against the management asking salary for the days that she had worked till the resignation.
I would like to know about the two factors which i ve mentioned below:
* Is this employee eligible to get the final settlement/Service letter as she has not served any notice period?
* Moreover she has resigned from her service & took back with a regret letter for the hasty decision and resigned once again.So do we need consider it as Re-Joining till she had resigned the second time.
(Note: The time frame which the employee worked till her first time of Resignation was Jan'08-Apr'10 and the timeframe till her second time of Resignation 29th Apr'10 - 30th Apr'10)
I would be glad if you could share your views.
Regards
Sunitha
From India, Madras
604
Hi Sunitha,
My views :
1. Is this employee eligible to get the final settlement/Service letter as she has not served any notice period? - If you have a copy of her offer letter which mentiones about the notice period clause, signed and accepted by you, then you need not process her final settlement unless the employee (well, exemployee) abides by the clause. The signed offer letter is a valid legal document. She can be treated as an absconding employee.
However incase you decide to terminate her from the services, then yes you need to give her any pending dues and finish of all financial obligations with her, and also send a termination letter.
2. Moreover she has resigned from her service & took back with a regret letter for the hasty decision and resigned once again.So do we need consider it as Re-Joining till she had resigned the second time
- As the manager had not accepted the first resignation, it does not count, and the employee withdrawing it is not a concern. She continues to be an employee (not a person who rejoined). The management needs to decide if the second mail can be considered as a formal resignaton letter and if considerd so, ask her to get a no dues certificate, submit her ID card, laptop and other office accessories and later can process her final settlement and given her a relievign letter, waiving off the notice period.
-----
sree
From India, New Delhi
My views :
1. Is this employee eligible to get the final settlement/Service letter as she has not served any notice period? - If you have a copy of her offer letter which mentiones about the notice period clause, signed and accepted by you, then you need not process her final settlement unless the employee (well, exemployee) abides by the clause. The signed offer letter is a valid legal document. She can be treated as an absconding employee.
However incase you decide to terminate her from the services, then yes you need to give her any pending dues and finish of all financial obligations with her, and also send a termination letter.
2. Moreover she has resigned from her service & took back with a regret letter for the hasty decision and resigned once again.So do we need consider it as Re-Joining till she had resigned the second time
- As the manager had not accepted the first resignation, it does not count, and the employee withdrawing it is not a concern. She continues to be an employee (not a person who rejoined). The management needs to decide if the second mail can be considered as a formal resignaton letter and if considerd so, ask her to get a no dues certificate, submit her ID card, laptop and other office accessories and later can process her final settlement and given her a relievign letter, waiving off the notice period.
-----
sree
From India, New Delhi
Dear Seniors,
Thanks for the reply.
According to our Organization policy, E-mail resignation is not accepted. And it is also mentioned in the terms of appointment letter.
A routing hidden id was created to the CEO's, so that a copy would land to the CEO's for the communication that she does. As she bluffed that she had been for a Client meeting, when asked to minute it and send to the GM-Operations, she didnt lend her ears and she left home casually it seems.
The very next day The Management had asked to her submit the Laptop to see the correspondence further, thats when she immediately drafted the mail and sent it to the CEO and went out of the Office it seems.
She did not abide by the Clause too.
Is she eligible for the dues even if she is been Terminated due to the misconduct?
Please let me know on this..
From India, Madras
Thanks for the reply.
According to our Organization policy, E-mail resignation is not accepted. And it is also mentioned in the terms of appointment letter.
A routing hidden id was created to the CEO's, so that a copy would land to the CEO's for the communication that she does. As she bluffed that she had been for a Client meeting, when asked to minute it and send to the GM-Operations, she didnt lend her ears and she left home casually it seems.
The very next day The Management had asked to her submit the Laptop to see the correspondence further, thats when she immediately drafted the mail and sent it to the CEO and went out of the Office it seems.
She did not abide by the Clause too.
Is she eligible for the dues even if she is been Terminated due to the misconduct?
Please let me know on this..
From India, Madras
Dear Sir,
Thanks for the Reply.
She has submitted the Laptop on the day she left. But she is not ready to explain on the fraud that she committed.
She was been asked to come and meet the Panel constituting - The CEO, Accounts Dept-Head, and the GM-Operations. Would keep you posted on the status.
From India, Madras
Thanks for the Reply.
She has submitted the Laptop on the day she left. But she is not ready to explain on the fraud that she committed.
She was been asked to come and meet the Panel constituting - The CEO, Accounts Dept-Head, and the GM-Operations. Would keep you posted on the status.
From India, Madras
The first email is to be accepted as official acceptance of the resignation. This should solve the running around. Even If email resignation is not accepted, the management as take route as a one off case involving a senior with drastic effect on operations. A termination letter will also work just as fine without accepting resignation since the resignation letter doesnt mention about notice period either. Regarding legal re-course let it drag, but at the end it will be in favour of the employer only as per labour laws. Moreover she would be the one to loose on time and effort on this legal re-course.
From India, Mumbai
From India, Mumbai
RE: Resignation through Post
Please help me to solve this problem. Actually i have just joined the Co and here i have a receive one resignation letter through courier and as well as a hard copy was submitted to me today morning by the employee in this case what should i do?
Pls help me
From India, Mumbai
Please help me to solve this problem. Actually i have just joined the Co and here i have a receive one resignation letter through courier and as well as a hard copy was submitted to me today morning by the employee in this case what should i do?
Pls help me
From India, Mumbai
HI Sunitha
Dosent matter that your company terminated her or she left your organisation.As well as your organisation is going to accept or not, her resignation through mail ID( as you mentioned in your post).But you have to pay her all the dues accordingly at any cost.Firstly let her relax and divert her consentration away from the case she like to launch against your organisation.You told that she is not ready to discuss about the fraud done by her.Its also your duties to find out the same.At the same time your organisation shuld launch a case against her and live it to the court. she have to answer your questions in court at any cost.Dont take any legal action against her before paying such dues.If you are not paying such dues she will very easily prove in court that your organisation trying to harras her.If you paid her all the dues before submiting legal case, your organisation is in strong position to defend yourself in court that you are already paid all dues to her.Feel free to revert.
Regards
Ravi
From India, Mumbai
Dosent matter that your company terminated her or she left your organisation.As well as your organisation is going to accept or not, her resignation through mail ID( as you mentioned in your post).But you have to pay her all the dues accordingly at any cost.Firstly let her relax and divert her consentration away from the case she like to launch against your organisation.You told that she is not ready to discuss about the fraud done by her.Its also your duties to find out the same.At the same time your organisation shuld launch a case against her and live it to the court. she have to answer your questions in court at any cost.Dont take any legal action against her before paying such dues.If you are not paying such dues she will very easily prove in court that your organisation trying to harras her.If you paid her all the dues before submiting legal case, your organisation is in strong position to defend yourself in court that you are already paid all dues to her.Feel free to revert.
Regards
Ravi
From India, Mumbai
Regret for my delayed reply. She is been sent a Termination Letter. There are also some legal proceedings drafted on her.
From India, Madras
From India, Madras
Hi Ravi,
Thanks for throwing some light on this. Will discuss with the management on settling the dues first.
Frauds which she committed and found by us:
Raising an invoice to a vendor for Marketing activities (whom she is closely associated with) and getting commission from them, also included a vendor who doesnt exist in the payment list and issued a cheque without the management's consent. She was a Regional Manager - Marketing
Cheating the management by giving receipts for conveyance claims, without going and meeting the clients
other aspects:
Didnt meet the Organization's expectation
Have not generated a rupee for the division for 3 consecutive quarters
She was asked come in by today. And the discussion is happening.
From India, Madras
Thanks for throwing some light on this. Will discuss with the management on settling the dues first.
Frauds which she committed and found by us:
Raising an invoice to a vendor for Marketing activities (whom she is closely associated with) and getting commission from them, also included a vendor who doesnt exist in the payment list and issued a cheque without the management's consent. She was a Regional Manager - Marketing
Cheating the management by giving receipts for conveyance claims, without going and meeting the clients
other aspects:
Didnt meet the Organization's expectation
Have not generated a rupee for the division for 3 consecutive quarters
She was asked come in by today. And the discussion is happening.
From India, Madras
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How to Handle an Employee Resignation.doc