Employee's Personal and Professional Challenges
We have an employee whose wife is ill and has a pre-born baby who needs constant medical support and is frequently hospitalized. His mother is also suffering from cancer and has been undergoing treatment for the past five years. Moreover, he was victimized in his last company by his senior director as he exposed some illegal activities of his director and team. Consequently, he resigned due to a lack of management support. We later learned that the director and his team were fired after an internal investigation revealed conduct issues and illegal acts.
Current Workplace Issues
Recently, similar issues have arisen, such as the recruitment of individuals from his previous company, which he opposed. These individuals have been playing dirty politics, causing him pressure and anxiety through workplace harassment and bullying, akin to constructive dismissal. Over the past 3-4 months, he has been arriving late and leaving early due to mental health issues, resulting in a loss of concentration, disinterest in activities, and feelings of loneliness and isolation.
Feedback and Performance Concerns
The product team, envious of his knowledge of legacy technology, has given false feedback to higher authorities, claiming he makes careless mistakes and is short with the team. He has been opposing their incorrect processes and advocating for the correct use of technology. Despite these challenges, he has a history of being an honest, straightforward employee who worked 15-17 hours daily, receiving the highest performance bonuses and handling extra work beyond his primary responsibilities. Management recently recruited five people for the additional work he used to do.
Employee's Qualifications and Achievements
He has an outstanding academic background, having graduated from the country's top technical institute, and has worked with leading product development companies. He holds numerous technical patents, has a good reputation for his innovative skills, and has many technical publications. He has received several awards and presented papers at international conferences.
Mental Health and Management's Response
He has frequently mentioned his mental health issues, including clinical and reactive depression, and suffered a severe panic attack at work in January. Management granted him a one-month paid medical leave for treatment. During this time, he stayed in touch with me and HR. I feel the company is partly responsible for his health issues. After recovery, he expressed interest in resuming work and submitted a doctor's fitness certificate. However, management is considering letting him go under the guise of position elimination, which I believe is unjust. Despite my objections, management has not listened and has even threatened me.
Legal Concerns
As a helpless manager, I am contemplating letting him go. Are there any legal problems with that?
Thanks & regards,
Kan
From India, Bengaluru
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We have an employee whose wife is ill and has a pre-born baby who needs constant medical support and is frequently hospitalized. His mother is also suffering from cancer and has been undergoing treatment for the past five years. Moreover, he was victimized in his last company by his senior director as he exposed some illegal activities of his director and team. Consequently, he resigned due to a lack of management support. We later learned that the director and his team were fired after an internal investigation revealed conduct issues and illegal acts.
Current Workplace Issues
Recently, similar issues have arisen, such as the recruitment of individuals from his previous company, which he opposed. These individuals have been playing dirty politics, causing him pressure and anxiety through workplace harassment and bullying, akin to constructive dismissal. Over the past 3-4 months, he has been arriving late and leaving early due to mental health issues, resulting in a loss of concentration, disinterest in activities, and feelings of loneliness and isolation.
Feedback and Performance Concerns
The product team, envious of his knowledge of legacy technology, has given false feedback to higher authorities, claiming he makes careless mistakes and is short with the team. He has been opposing their incorrect processes and advocating for the correct use of technology. Despite these challenges, he has a history of being an honest, straightforward employee who worked 15-17 hours daily, receiving the highest performance bonuses and handling extra work beyond his primary responsibilities. Management recently recruited five people for the additional work he used to do.
Employee's Qualifications and Achievements
He has an outstanding academic background, having graduated from the country's top technical institute, and has worked with leading product development companies. He holds numerous technical patents, has a good reputation for his innovative skills, and has many technical publications. He has received several awards and presented papers at international conferences.
Mental Health and Management's Response
He has frequently mentioned his mental health issues, including clinical and reactive depression, and suffered a severe panic attack at work in January. Management granted him a one-month paid medical leave for treatment. During this time, he stayed in touch with me and HR. I feel the company is partly responsible for his health issues. After recovery, he expressed interest in resuming work and submitted a doctor's fitness certificate. However, management is considering letting him go under the guise of position elimination, which I believe is unjust. Despite my objections, management has not listened and has even threatened me.
Legal Concerns
As a helpless manager, I am contemplating letting him go. Are there any legal problems with that?
Thanks & regards,
Kan
From India, Bengaluru
Acknowledge(0)Amend(0)
Terminating an Employee with Medical Health Issues and Alleged Workplace Harassment
Terminating an employee with medical health issues and alleged workplace harassment requires careful consideration to avoid legal repercussions. Legal considerations include medical conditions, retaliation, and family medical leave. Documentation and due process are crucial, and consulting legal counsel is recommended.
Practical Steps
Practical steps include accommodation, investigation, documentation, open communication, and seeking guidance. Ensuring compliance with labor laws and providing support can help manage the situation effectively.
From India, Guwahati
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8Terminating an employee with medical health issues and alleged workplace harassment requires careful consideration to avoid legal repercussions. Legal considerations include medical conditions, retaliation, and family medical leave. Documentation and due process are crucial, and consulting legal counsel is recommended.
Practical Steps
Practical steps include accommodation, investigation, documentation, open communication, and seeking guidance. Ensuring compliance with labor laws and providing support can help manage the situation effectively.
From India, Guwahati
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf