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Hi All,
I was working with one of the best known IT company since May 2004. I have performed very good job in last 4 year in the same company for which I got many appreciation/rewards and promotion. I recently got promotion in January-08. I was having some valid concerns with Higher management for my appraisal (July-07-June-08). But they were not able to justify the situation. Though I got a good remark from my manager about my skill and team commitment towards my team/organization. On 25th Aug, they called me and asked me for resignation. When I asked the reason then they told me that I have some behavioural problem. I was just shocked and didn't sign the resignation letter. They proceeded with my terimnation.
They didn't send any written communication for my behaviour till 25th Aug 08.
I want to know that what action can I take against this well known IT company. They have put a false allegation for which they don't have valid proff.
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Hai Sachi,

I'm feel sorry to know the episode, in my opinion such job, like your's, calls for a balance between the management's & employee's interest. Companies may say a lot but the fact is, the moment they feel that their interest is endanger, whether you are right or wrong, such incidents / episodes happenes.

I can very well understand the pain and agony you would be going through, but you are not the first person, or only person, under going, there may be plenty.

I'm sure you have lots of rights and may go for a suit. But the ultimate sufferer would be you. What I suggest to look for a new job.

REMEMBER THE TIME IS THE BEST HEAL OF ALL. Today it must be quite painful, but forget and TAKE IT AS AN EXPERIENCE / LESSON FOR LIFE.

I'm sure your talent would certainly fetch you a job, perheps BETTER THAN THIS ONE.

If you feel like you may consult some Advocate, but again I say it would diminish you personally and sometimes may spread around.

I'm sorry if my sayings are not upto your ecpectation.

I feel I've just tried to enlight the fact prevailing in the industry and a bitter truth of life. Remember "Samy Har Ghav Ko Bhar Deta Hai".

Best wishes and regards -
Hi AK,
Thanks for your response. I have commitment toward my home so I am looking for some new job but they terminated me from my post so
1.They will release my experience certification with quote "termination".
2. My Mother is not well and now I don't have any medical claim for her. it is certainly giving me mental stress.
3. Though I will get job from other company but I want to expouse them for some extend.
4. I have contacted my lawyer and he will send a notice to them for the same.
But I want to check whether my case is strong to defend or not. If same management is saying that I am good in July-08 and appreciating my efforts and in Aug, they terminated me for which I have spent 4.3 year.
Can I file a FiR against my mangers for conspiracy against me to strong my case.
Please guide me.
Hi Sachi,

It is indeed sad to know that you have been thru this bad period especially after having put in a fairly long time for an IT orng. Well this is a very common problem faced today, you are dealing with a leading IT giant, it may not be very fruitful in the long run to get into logggerheads or have any blacklisting in the HR fraternity.

As suggested by AKS, the best option is to look out for an alternative job, as we rightly say" Never Burn the Bridges" when you moove to another organsisation. You never know where you may cross paths(Background reference checks, Hr fraternity circles etc...).

You may be a victim of office politics, your counterquestioning their decision on your appraisal may have been one of the triggers to push you out of the company, there are several such cases today, either the person is asked to resign or their life is made a living hell so that he/she would be forced to resign.

The best option is to avoid any confrontations / mad mouthing and make a sober exit. Remember to keep in touch with the right people who will help you get a better opportunity in the future .

Regards
Preeti
Hi Sachi,

Understandably you are facing a tough situation, but filing a case may only add up to more complications and worries for you
1- Monetary expenses for the legal proceedings
2- Backlash from the orgnisation, your EX-colleagues will be insecure with their jobs hence will not support you in this fight
3- Every organisation has a hidden clause of termination in the appointment letter, they are free to terminate an employee if found guilty of misbehaviour etc.
4- These are small matters for the company, will not affect them but you will be harrassed mentally

Rather i suggest you speak to the management and take a midpath speak with them and request them to avoid mentioning "Termination" in the releiving letter. You can vouch for your years of work put in this organisation, generally they would consider, if you fight a case they will not entertain your request.
Will make it difficult to take up another job in the market....coz being in HR you would understand the details.......

regds
Preeti
Hi Preeti,
Thanks for showing me the bitter truth. They have asked me for resignation and not interested for 2 month advance salary. They are saying that you will be on leave for 2 month from now and you will get expereince letter after 2 month only. It means that they are not ready for 2 month notice amount. They have given bad picture to all employee that don't raise a concern otherwise u will be fired. and same point they says that they are Employee First organization.
Please suggest.
Sachi,

What I understand is that they are forcing you to take 2 months leave, so technically this will be under "Paid Leave" category ie you will remain on their pay rolls for 2 months, so they should be paying you your salary.

2ndly when a company terminates an employee they are not under any binding to compensate the employee for an early release. in your case it's a forced leave to cushion out the termination

Are you signing any document which says you are going on "unpaid leave" ?
this situation can be used to your advantage wherein you can apply to other organisations and give a Joining period upto 2 months, anywhich ways your experience letter or date of release will be after 2 months. So there will be no gaps in employment for any reason.

Importantly you need to think clearly and make it a win-win situation . Incase you get a good opportunity elsewhere you can request them for an early release, (good platform for both of you) and put forward your personal problems(emotional strings) incase you are not being compensated for the 2months.

Importantly avoid any communication regarding this matter with colleagues and friends (in the organisation) you may bad mouth the company which will lead to further problems. As regards the "Employee first concept" all of us Understand where it comes from. Dont let this experience make you a bitter person.

It teaches you what you should not be/do when you become the Manager :-)

regards
Preeti
:)Dear Sachi

I have understand your position. not only your organisation many in arround and hyderabad are doing the same. when you have been appriciated for your good performance for your unblemished service for your 4 and half years service in the past and when they have given you the promotion also, they did not justfy for their act by terminating your services within 4 months of your promotion.

For this type of organisation you have to teach them a lession. for this you have to contact good labor law practioner who can guide you in proper way. even when there is provision for the termination of employees service either in standing orders or service rules, by the employe, he cannot directly termitnate the service of any employee with out following the principles of natural justice like with out giving charge sheet or memo to the employee concerned and with out gettting his reply for it and with out holding an enquiry etc.

since, you will not come under the workman definition under the id act, you can straight away approach the concerned civil court for getting compensation for unlawful termination of your services.

As some of our friends suggested you to keep quit with out making any claim or complaint agaist management is also not advisable for our professionals since we have to protect not only the employees interest but also our own interest. if we are cowered and do not take any drastic action against the employer like yours, some others also can do like this unjustice to some of our brothers and sisters who are in the HR profession.

As long as we are sincere, honest and capable of doing things in HR, we neednot worry about getting a job elsewhere. all employers are not bad and some they may be very good. but as and when you appear for an interview any where here after you can disclose the issue with them and tell them how your previous management has cheated you and done injustice to you. if you hide this episode, it may difficult for you to get a good job. You have suffered with the act of unsrupluous employer and as such you need not hide it when any new employer asks you in an interview about your previous employment and what make you to change the employment.

They can understand and if your profile , experience and other issues are o.k no employer can deney the opportunity only on the sole ground of this unfortunate episode.

Regards
NVrao
Hyd
Hi Sachi,

I agree with Preeti that instead of wasting our energy and adopting a destructive approach look for some better opportunity first.

Another thing that you can do is that you can talk directly to the top management of a company. You can write a mail to them which should be polite and can work like a bullet means to the point.

I am sure if this is abig company then there must be a management committee sitting above the Manager who terminated you. Go and speak to them.

Believe me if u r true someone from them will definitely listen to u and if they won't take u back then atleast they will do some kind of justice with u - like they will prove ur exit with a good note and will reopen the door for you in future if u would like 2 come again.

Don't spoil your relation with the company- u may need them in future. If your manager was wrong then approach the right person over there. Obviously he might not be the one who is running that company which says "Employees First".

Rgds n All the Best

Pratibha
Thanks Preeti for your valuable inputs. We all know corporate world and sometime we get more concerned abt our future and bounded with some personal and family constraints.
Hi RAO, Thanks for inputs on this matter. sometime it is very difficult for anyone to convince other company and they also make pre-assumption of the situation.Then it is more difficult for you to comeout from such situation. However it simple doesn't mean that we are coward.
Anyway I have 2 more days (Saturday and sunday) to take a further decision.
I am not sure if I will file a case against them then when this will get sortout and till that time frame technically I can't get my releaving letter.
I know that they don't have anything against me except verbal allegation but still I am family person and they have also forced my spouse to resign as both were in working in same company.Now we both are jobless :)
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