We terminated an employee who was under probation based on the clause mentioned below. All I want to know is, are there any complications for the organization if the employee decides to challenge the termination legally?
The employee joined on 16 July and was under probation. During this period, it became apparent that she had a stubborn attitude and did not integrate well with the team. Whenever the team approached her for re-work, she would often engage in debates and arguments. After multiple arguments, she would eventually agree to the re-work. Over time, the team (consisting of 5 members) became increasingly dissatisfied with her attitude. They reported to me numerous times that they were finding it challenging to work with her, and her attitude was causing delays in project deliverables. We addressed the situation with her, and although there was a temporary improvement for two days, the issues persisted. We had three discussions with her over the span of a month, advising her to amend her behavior. After the most recent discussion, which took place 10 days ago, the team began to interact less with her, isolating her as they were unwilling to collaborate with her due to recurring problems. All work intended for her was redirected through me as a result.
During her time with us, the employee's work led to client escalations, which could have been resolved had she adjusted her attitude. Unfortunately, despite repeated discussions, there was no noticeable change in her behavior.
On 24 August, we had a final discussion with the employee and decided to terminate her employment. She expressed her intention to resign within a day or two and voiced her dissatisfaction with the company and the team. During the final meeting, she requested to retain her work for her portfolio, which we denied due to client confidentiality agreements. Additionally, she insisted on keeping the office laptop until she received her full and final settlement, which we also declined. Her behavior during this meeting was not commendable, and I understand the distress associated with termination.
Finally, she demanded an increase in pay or additional compensation for the work she had completed over the past week. Despite having pending deliverables, we requested her to expedite her work until the end of the month with her consent. She did not work overtime or on weekends. She argued that the work she completed exceeded expectations within the regular working hours and insisted on extra payment. We clarified that she would be compensated for the days worked without any additional payment.
My question is: Is there a possibility of the employee pursuing legal action or disputing this situation through other means? From my perspective, the organization is not exposed to any legal risks as we have not withheld any dues from her. Am I correct in this assessment? Please provide clarification.
From India, Bengaluru
Acknowledge(0)
Amend(0)
10The employee joined on 16 July and was under probation. During this period, it became apparent that she had a stubborn attitude and did not integrate well with the team. Whenever the team approached her for re-work, she would often engage in debates and arguments. After multiple arguments, she would eventually agree to the re-work. Over time, the team (consisting of 5 members) became increasingly dissatisfied with her attitude. They reported to me numerous times that they were finding it challenging to work with her, and her attitude was causing delays in project deliverables. We addressed the situation with her, and although there was a temporary improvement for two days, the issues persisted. We had three discussions with her over the span of a month, advising her to amend her behavior. After the most recent discussion, which took place 10 days ago, the team began to interact less with her, isolating her as they were unwilling to collaborate with her due to recurring problems. All work intended for her was redirected through me as a result.
During her time with us, the employee's work led to client escalations, which could have been resolved had she adjusted her attitude. Unfortunately, despite repeated discussions, there was no noticeable change in her behavior.
On 24 August, we had a final discussion with the employee and decided to terminate her employment. She expressed her intention to resign within a day or two and voiced her dissatisfaction with the company and the team. During the final meeting, she requested to retain her work for her portfolio, which we denied due to client confidentiality agreements. Additionally, she insisted on keeping the office laptop until she received her full and final settlement, which we also declined. Her behavior during this meeting was not commendable, and I understand the distress associated with termination.
Finally, she demanded an increase in pay or additional compensation for the work she had completed over the past week. Despite having pending deliverables, we requested her to expedite her work until the end of the month with her consent. She did not work overtime or on weekends. She argued that the work she completed exceeded expectations within the regular working hours and insisted on extra payment. We clarified that she would be compensated for the days worked without any additional payment.
My question is: Is there a possibility of the employee pursuing legal action or disputing this situation through other means? From my perspective, the organization is not exposed to any legal risks as we have not withheld any dues from her. Am I correct in this assessment? Please provide clarification.
From India, Bengaluru
Acknowledge(0)Amend(0)
Dear Madam,
Your stand and actions leading to her termination during probation, after giving her adequate opportunities to mend her ways/improve performance, are quite fair and legally tenable. It is not known whether you have conveyed in writing about her unsatisfactory behavior/performance. However, it is always prudent to be proactive, wherever it is practicable, in allowing the probationer to complete the probation period and terminate the services on the last day of the probation period to put your actions on legally sound footing.
In the instant case, if she drags you to court, your actions, if well documented, should greatly support you.
Regards, Vinayak Nagarkar HR Consultant
From India, Mumbai
Acknowledge(0)Amend(0)
Your stand and actions leading to her termination during probation, after giving her adequate opportunities to mend her ways/improve performance, are quite fair and legally tenable. It is not known whether you have conveyed in writing about her unsatisfactory behavior/performance. However, it is always prudent to be proactive, wherever it is practicable, in allowing the probationer to complete the probation period and terminate the services on the last day of the probation period to put your actions on legally sound footing.
In the instant case, if she drags you to court, your actions, if well documented, should greatly support you.
Regards, Vinayak Nagarkar HR Consultant
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Vinayak sir,
Our probation period is for 6 months. If the employee is not improving even after being repeatedly told, and when the team member crucial for working with her on every project is not ready to work, and there is no productivity seen, there is no point in continuing or waiting for her to complete her probation. The company ends up spending lakhs for absolutely no proper work by the end of termination. Being a startup, we cannot afford to pay an employee for no work or wait until the end of the probation period to terminate her.
From India, Bengaluru
Acknowledge(0)Amend(0)
Our probation period is for 6 months. If the employee is not improving even after being repeatedly told, and when the team member crucial for working with her on every project is not ready to work, and there is no productivity seen, there is no point in continuing or waiting for her to complete her probation. The company ends up spending lakhs for absolutely no proper work by the end of termination. Being a startup, we cannot afford to pay an employee for no work or wait until the end of the probation period to terminate her.
From India, Bengaluru
Acknowledge(0)Amend(0)
We include a clause in the appointment letter - Probation period is [number of] months. During the probation period, the employee is free to resign without giving any reason or notice period, and his/her services may also be terminated without giving any notice period or reason. Hope a similar clause exists in your organization.
Col. Suresh Rathi
From India, Delhi
Acknowledge(0)Amend(0)
Col. Suresh Rathi
From India, Delhi
Acknowledge(0)Amend(0)
Col. Suresh Rathi Sir, yes we do have a clause stating it...
From India, Bengaluru
Acknowledge(0)Amend(0)
From India, Bengaluru
Acknowledge(0)Amend(0)
Always better to give warning letters and ask for an explanation in writing from an employee. Repeat the process to prove that proper written warnings and dissatisfaction were shown by the employer. Also, a fair chance is given to improve. Is it documented anywhere? How can this be proved?
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.