Anonymous
Hi everyone.

I am asking this for a friend who was terminated from her previous organization on performance grounds 3 years back. Although she was never an underperformer, she was an average performer. She had some issues with her manager (but never complained to HR). Instead, he involved HR and tried to pressure her into resigning, stating that her performance was not as expected. When she denied, her ID (to mark attendance) was blocked and not unblocked even after repeated emails requesting the same. She was issued a warning letter for not reporting to the office, and after a few days, she was terminated on performance grounds without being put on a formal Performance Improvement Plan (which was only verbally communicated to her). She did not even receive any termination letter. She joined another company after a 3-year gap, and now they are asking her to clarify the situation from her previous company. She contacted the previous company's HR to ask for the termination letter mentioning the reason. They informed her that the termination was based on performance, and the letter was already sent to her by courier (which she never received). They now claim they can't provide her with another letter due to the time that has passed. She had to leave this job as well. Please suggest.

From India, Noida
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Dear friend,

Termination on account of poor performance is a painful process. It is unfortunate to note that your friend had to go through this process. Nevertheless, the question arises as to why she did not write this post and why you are writing on her behalf? It shows your friend is either laid back or has taken to heart her termination.

Termination on account of poor performance is not the end of a career. When she applied for the new job, it was obvious that the new employer would ask for the employment certificate. Without this certificate, she should not have applied for the job.

Now, coming to the solution part of it. Let her write to the Head of HR about the issue of the Employment-cum-Relieving letter. There is no need to state the reason for separation from the company. Secondly, she can explain that she had correspondence with the HR of the lower rung; however, she was informed that the certificate was sent to her home address through courier and she did not receive it. Therefore, a duplicate certificate may be issued. In the letter, she needs to mention her date of joining, last working day, employee number, etc.

If the HR Head considers her application, then well and good; otherwise, tell her to approach the Labour Officer of the area (where her office was located, not her home). Let the Labour Officer be informed about her problem. With the call from the Labour Officer, hopefully, she will get the certificate.

Thanks,
Dinesh Divekar

From India, Bangalore
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Anonymous
Thanks Sir. That was really helpful. Actually the whole termination episode was really tormenting for her that she is assured she is not going to get any job now.
From India, Noida
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1. Why did the employee not complain earlier?

2. Why did she not work in the last 3 years?

3. Why did she not follow up for her relieving letter earlier?

4. Has she narrated the whole story to the new interviewer/employer? If not, why did she hide the information from the new employer?

5. How did she survive without a job for the last 3 years?

From India, Pune
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