Hello Everyone,
I informed my L1 supervisor and L2 supervisor about my mother's critical mental condition and asked them for 20 days of leave via phone calls and WhatsApp. However, since there was no response, we changed the doctor and informed the supervisor of 30 more days of leave.
However, my supervisor initiated absconding and got approval from L2 as well. I sent them an email to HR, L1 & L2 with the doctor's prescription, doctor details, and the expected date of joining. Also, I mentioned that this time, my mother had not recovered, and then I would admit her to a mental hospital and join duty. After the fourth follow-up, I received a first communication email from HR with an absconding letter, and they asked me to submit the reason for leave within 5 days. On the same day, I replied with all reports, doctor details, and snapshots of communication with L1 and L2 chats.
In my absence, I communicated with my subordinates, clients, and other departments through phone calls.
After 3 follow-ups, HR responded to meet the L1 and L2 supervisors because they had initiated absconding.
I contacted them and met for a discussion. In the meeting, rejoining was decided, but after 2 months, the rejoining was not done.
According to the supervisor, they did not receive a green signal from management. Now, I have received a termination letter.
Please guide me.
From India, Ulhasnagar
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I informed my L1 supervisor and L2 supervisor about my mother's critical mental condition and asked them for 20 days of leave via phone calls and WhatsApp. However, since there was no response, we changed the doctor and informed the supervisor of 30 more days of leave.
However, my supervisor initiated absconding and got approval from L2 as well. I sent them an email to HR, L1 & L2 with the doctor's prescription, doctor details, and the expected date of joining. Also, I mentioned that this time, my mother had not recovered, and then I would admit her to a mental hospital and join duty. After the fourth follow-up, I received a first communication email from HR with an absconding letter, and they asked me to submit the reason for leave within 5 days. On the same day, I replied with all reports, doctor details, and snapshots of communication with L1 and L2 chats.
In my absence, I communicated with my subordinates, clients, and other departments through phone calls.
After 3 follow-ups, HR responded to meet the L1 and L2 supervisors because they had initiated absconding.
I contacted them and met for a discussion. In the meeting, rejoining was decided, but after 2 months, the rejoining was not done.
According to the supervisor, they did not receive a green signal from management. Now, I have received a termination letter.
Please guide me.
From India, Ulhasnagar
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There are two remedies available. One is to accept the resignation, and the other is to challenge it by complaining about the act of management to the labor officials of the jurisdiction. If you did not supervise anybody in the establishment, you can file a complaint. You may please refer to similar situations faced by other employees available in the forum. For example, you can go through the thread and replies given below.
https://www.citehr.com/643659-illegal-termination-my-employment-they-have-violated.html
Please remember that there is no word like "absconding" to represent an employee not reporting or overstaying leave. If in the termination letter such words are used, the same should be challenged as a word causing stigma.
From India, Kannur
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4766https://www.citehr.com/643659-illegal-termination-my-employment-they-have-violated.html
Please remember that there is no word like "absconding" to represent an employee not reporting or overstaying leave. If in the termination letter such words are used, the same should be challenged as a word causing stigma.
From India, Kannur
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Thanks a lot, Madhu T K, sir, for your valuable response. Just to inform you, I was a manager there, so what should I do now? Is there any way because I am not getting a job in another organization? I have attended almost 10 interviews, and those have been positive. However, when I share this experience, it tends to become negative for me.
From India, Ulhasnagar
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From India, Ulhasnagar
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Very unfortunate. We have laws to protect the rights of workers, but we do not have laws to protect the managers. I believe that you had managerial responsibilities and authorities. But what is L1? You said that you informed L1 of your absence, which level is it?
Try to negotiate with the management and change the wording "absconding," etc., from the termination letter, saying that the same has spoiled your career. If required, involve somebody who can influence the MD/CEO.
From India, Kannur
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Try to negotiate with the management and change the wording "absconding," etc., from the termination letter, saying that the same has spoiled your career. If required, involve somebody who can influence the MD/CEO.
From India, Kannur
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Sir L1 is my supervisor (Cluster Head). He reports directly to the Zonal Head. Yes, I have communicated through WhatsApp, phone calls, and email, but now management is asking why I had not submitted the leave request through the HRMS portal. Can I seek help from the court?
From India, Ulhasnagar
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From India, Ulhasnagar
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No, if you were supposed to apply for leave through HRMS, you should have done so. Being a Cluster Head, omissions would be taken seriously. You cannot take it to court because there is no breach of contract. However, you can point out the failure of management to offer you an opportunity to be heard or the failure of principles of natural justice. It is true that the procedures were not properly followed. You can file a civil case for that. You can also explore whether a writ can be filed for the violation of fundamental rights. Before that, please convince the management that they have failed to follow the principles of natural justice and if a case is filed, they would suffer. As a settlement, you can ask for a rework of termination and making it relieving subsequent to your resignation. That will not cost anything to the management. The management should not be so adamant that they want you to be terminated.
From India, Kannur
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From India, Kannur
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Termination-emp loyment_563.pdf
Termination letter.doc