Hi all,
I was working with a company. They organized a party, and inside the party, there was an arrangement of hard drinks. The thing is, after completing the party, when I was boarding my cab, I suddenly had an argument with a guy whom I don't know. As I was drunk, I was quite loud during the argument. Then, one of my friends informed me that he is also from our company and belongs to the transport department. That's when I realized my mistake and apologized for the same.
However, that guy complained about the argument to his HOD, and they terminated me from the organization without discussing the matter with me. The guy had been with the company for approximately seven years, while I had only been there for four months, and my probation period was six months. Can I file a complaint against the organization for this?
Thank you.
From India, New Delhi
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2I was working with a company. They organized a party, and inside the party, there was an arrangement of hard drinks. The thing is, after completing the party, when I was boarding my cab, I suddenly had an argument with a guy whom I don't know. As I was drunk, I was quite loud during the argument. Then, one of my friends informed me that he is also from our company and belongs to the transport department. That's when I realized my mistake and apologized for the same.
However, that guy complained about the argument to his HOD, and they terminated me from the organization without discussing the matter with me. The guy had been with the company for approximately seven years, while I had only been there for four months, and my probation period was six months. Can I file a complaint against the organization for this?
Thank you.
From India, New Delhi
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Your issue can be viewed from two angles. One is behavioral, and the other is legal.
Legally, since you were under probation, the company generally has the right to discharge the employee during this period. You have no grounds to contest this termination.
Secondly, there is a behavioral aspect. You can discuss with your seniors and explain the circumstances under which you had an altercation with others. You can also apologize and emphasize that you had no intention to do so. However, one lesson that can be drawn from this incident is that one must control their behavior in such situations and should not consume anything beyond limits.
Regards
From India, Delhi
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Legally, since you were under probation, the company generally has the right to discharge the employee during this period. You have no grounds to contest this termination.
Secondly, there is a behavioral aspect. You can discuss with your seniors and explain the circumstances under which you had an altercation with others. You can also apologize and emphasize that you had no intention to do so. However, one lesson that can be drawn from this incident is that one must control their behavior in such situations and should not consume anything beyond limits.
Regards
From India, Delhi
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My only comment will be : What action you might have taken in case you are on the same foots. You cannot justify your action.
From India, Nagari
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From India, Nagari
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Actually my senior doesnt entertain me.i tried to contact them but they havent listened a single thing.they just refused to talk in this topic.i havent given a chanve to speak.is this fair?
From India, New Delhi
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From India, New Delhi
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You have not mentioned the hierarchy of the other person to whom you had an altercation; this case can be treated as misconduct. During the party, you were intoxicated and lost control, failing to maintain decorum and respect towards your seniors/peers. Since you were undisciplined, disciplinary action has been taken against you. On the contrary, the other individual had already lodged a complaint with their Head of Department before you reacted to the situation. Your lack of awareness of the other person's identity indirectly suggests that you were not in control due to alcohol consumption. Please correct me if I am mistaken.
From India, Ahmadabad
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From India, Ahmadabad
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Sir,
This is to inform you that yes, I was under the influence of alcohol at that time. However, it doesn't mean I had consumed so much that I was not in control of my senses. I was completely in control. Let me explain the scenario in detail.
One of my friends was heavily intoxicated, unable to stand properly, so we decided to have him sit in the park until our cab arrived. When the cab arrived, the driver refused to open the gate as my friend was vomiting. This led to a small argument with the cab driver, who then called someone from the admin/transport department. Even though that person had been working there for the past seven years, I had not seen him before, which is why I mentioned that I didn't know who he was.
When my third friend introduced me to him as being from the transport department, I calmed down and apologized to him. However, he still lodged a complaint with his Head of Department. Without giving me a chance to explain or rectify the situation, they terminated my employment.
I would appreciate it if you could look into this matter further and reconsider their decision.
Thank you.
From India, New Delhi
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This is to inform you that yes, I was under the influence of alcohol at that time. However, it doesn't mean I had consumed so much that I was not in control of my senses. I was completely in control. Let me explain the scenario in detail.
One of my friends was heavily intoxicated, unable to stand properly, so we decided to have him sit in the park until our cab arrived. When the cab arrived, the driver refused to open the gate as my friend was vomiting. This led to a small argument with the cab driver, who then called someone from the admin/transport department. Even though that person had been working there for the past seven years, I had not seen him before, which is why I mentioned that I didn't know who he was.
When my third friend introduced me to him as being from the transport department, I calmed down and apologized to him. However, he still lodged a complaint with his Head of Department. Without giving me a chance to explain or rectify the situation, they terminated my employment.
I would appreciate it if you could look into this matter further and reconsider their decision.
Thank you.
From India, New Delhi
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My dear friend, when your friend was vomiting, it is obvious that the driver wouldn't allow him to travel in the cab. Who will wash the vomit of your friend? To avoid it, he refused. Again, the driver, with due respect to you as a senior person, called his senior from his department, i.e., the admin/transport department personnel, to sort out the matter. The admin/transport personnel also refused. So, you lost your control/temper and started an altercation/arguments, which escalated into heated arguments (i.e., arguments in a loud voice), where the transport/admin personnel got annoyed. They thereafter complained to the HOD about your misconduct towards your colleague. The HR/Management, with due consent from your HOD, must have terminated you without assigning any reason (Please clarify if the reason for termination is mentioned). This is my assumption based on one side of the story from yours.
Please refer to the termination clause of your appointment and clarify the termination during probation to guide you further. Normally, during probation, an employee can be terminated without assigning any reason whatsoever. If it was after confirmation, then they could not have terminated you without a probe/domestic enquiry.
From India, Ahmadabad
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Please refer to the termination clause of your appointment and clarify the termination during probation to guide you further. Normally, during probation, an employee can be terminated without assigning any reason whatsoever. If it was after confirmation, then they could not have terminated you without a probe/domestic enquiry.
From India, Ahmadabad
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Whatever has happened, please remember, never overdo anything in life. Moderation is the key to success. Corporate or business etiquette calls for refraining from consuming alcohol at official parties. If you are compelled to drink, limit yourself to just one glass if absolutely necessary. Our tendency is to indulge excessively, especially when it is complimentary. This should be a lesson for your future. The moment alcohol affects you, you lose self-control. Consider where you have ended up. You may want to schedule a meeting with your Head of Department or CEO to apologize for your actions. Moving forward, it is advisable to abstain from alcohol.
From India, Bengaluru
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From India, Bengaluru
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Dear Rahul,
My friend, from both the angles of behavior and legality, your actions towards your senior colleague were indeed not acceptable. Although it happened unknowingly on your part, your organization seems to have a fair policy towards its senior staff and the overall image of the organization. Your legal battle should not overshadow your emotional misconduct.
Please take care in the future.
From India, Kolkata
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My friend, from both the angles of behavior and legality, your actions towards your senior colleague were indeed not acceptable. Although it happened unknowingly on your part, your organization seems to have a fair policy towards its senior staff and the overall image of the organization. Your legal battle should not overshadow your emotional misconduct.
Please take care in the future.
From India, Kolkata
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Dear Rahul,
Kindly refer to the clause on Termination of services in your appointment letter. Your company may have considered this termination under the clause of gross misconduct, which covers even if you are at an official party (i.e., outside the company for official purposes). It is expected that all employees maintain the same conduct as they would on the company premises.
Although the act was not appropriate, considering the situation, the offense does not seem severe enough to warrant termination.
From India, Delhi
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Kindly refer to the clause on Termination of services in your appointment letter. Your company may have considered this termination under the clause of gross misconduct, which covers even if you are at an official party (i.e., outside the company for official purposes). It is expected that all employees maintain the same conduct as they would on the company premises.
Although the act was not appropriate, considering the situation, the offense does not seem severe enough to warrant termination.
From India, Delhi
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Notice for termination of Contract Sample.doc
06b-Form VI-B (Notice of Commencement of Contract Work).pdf