I was hired by a private limited company on 01/06/2011 after receiving an offer letter that only mentioned the 'POST' and the date of joining. However, I have not yet received my APPOINTMENT LETTER. Yesterday, I received a mail which turned out to be a TERMINATION LETTER, leaving me completely in the dark. My question is, can the company issue me a TERMINATION LETTER before providing an APPOINTMENT LETTER?
From India, Calcutta
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From India, Calcutta
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Hi Subrata,
As per your post, it has only been 14 days since you joined this company, and you have already been given a termination letter. What is the reason for the termination letter? Can you please clearly state that? If you are not aware of it, I'm sure it would be mentioned in the letter.
I am also surprised that you do not seem shocked by the termination letter; it appears as if you were expecting it. Have you forged some documents or misrepresented some facts and figures? What is it that within just 15 days the company is terminating you? If you want genuine guidance from us here, please mention the truth in detail.
Please check your offer letter to see if there is any clause regarding termination of employment mentioned. After that, talk to someone in the HR department to clarify your issues about the termination.
From India, Delhi
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115As per your post, it has only been 14 days since you joined this company, and you have already been given a termination letter. What is the reason for the termination letter? Can you please clearly state that? If you are not aware of it, I'm sure it would be mentioned in the letter.
I am also surprised that you do not seem shocked by the termination letter; it appears as if you were expecting it. Have you forged some documents or misrepresented some facts and figures? What is it that within just 15 days the company is terminating you? If you want genuine guidance from us here, please mention the truth in detail.
Please check your offer letter to see if there is any clause regarding termination of employment mentioned. After that, talk to someone in the HR department to clarify your issues about the termination.
From India, Delhi
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I totally agree with Archna. Barring some really unfortunate circumstances which may have befallen your employer since your offer letter, hardly any employer will even want to go through the whole recruitment process twice in a month - for the same position!
And yes, your post doesn't appear as if you were surprised at getting it. Like Archna said, you sound as if you were expecting it. Now, the crux of your question is - can a termination letter be issued prior to an appointment letter? In essence, you are seeking information on the technicality and mechanics as opposed to being shell-shocked at being fired within 15 days!
And, just in case, you're really innocent, then my suggestion is to detail the truth as Archna requests you to. Else, I think your new best friend should be your lawyer!
Kind regards,
From India, Gurgaon
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And yes, your post doesn't appear as if you were surprised at getting it. Like Archna said, you sound as if you were expecting it. Now, the crux of your question is - can a termination letter be issued prior to an appointment letter? In essence, you are seeking information on the technicality and mechanics as opposed to being shell-shocked at being fired within 15 days!
And, just in case, you're really innocent, then my suggestion is to detail the truth as Archna requests you to. Else, I think your new best friend should be your lawyer!
Kind regards,
From India, Gurgaon
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Hello ssubrata.sarkar,
I second Archna & Gaurav Sareen.
To reply to your query: 'whether the company can issue me TERMINATION LETTER before issuing APPOINTMENT LETTER?' -- MAYBE they didn't think it was worth it to issue you the Appointment Letter?
Also, please remember that they did issue the Offer Letter... so they are within their rights to issue the Termination Letter.
Now, UNLESS YOU GIVE THE TRUE FACTUAL PICTURE of what happened [which is DIFFERENT from what you 'THINK' happened], I don't think anything worthwhile can be suggested by this Forum.
Regards,
TS
From India, Hyderabad
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I second Archna & Gaurav Sareen.
To reply to your query: 'whether the company can issue me TERMINATION LETTER before issuing APPOINTMENT LETTER?' -- MAYBE they didn't think it was worth it to issue you the Appointment Letter?
Also, please remember that they did issue the Offer Letter... so they are within their rights to issue the Termination Letter.
Now, UNLESS YOU GIVE THE TRUE FACTUAL PICTURE of what happened [which is DIFFERENT from what you 'THINK' happened], I don't think anything worthwhile can be suggested by this Forum.
Regards,
TS
From India, Hyderabad
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Thanks, everyone for valuable suggestions. I just want to describe the total picture. The offer letter which I received and accepted only mentioned my post and joining date. For your kind information, there is no question of forgery or anything. The company is a private limited company and has its Head Office in Delhi. There is no office in Kolkata, and only one representative of the company (Business Development Executive) is using the distributor's office. I was asked to report to the Business Development Executive. However, the respective representative told me that for any financial matters, I have to talk directly to the Managing Director of the company, by whom I was interviewed at Kolkata and was selected.
The most shocking part was when I asked the Business Development Executive on my joining day about our salary date, the person couldn't tell the date. They also mentioned that the date varies, and for that, I can't do anything; I should talk to the Managing Director directly. I started working but soon realized I had to quit the company as soon as possible and started to find a new job. After two to three days, I requested from the Business Development Executive for my tour advance, as it was a sales job. The person said, "I already sent the mail to the Head Office for your tour advance; you just need to send your Bank Account number."
I sent the mail to the accounts department as instructed, but two days later, the accounts department informed me that it requires permission from the Managing Director. They also told me to send a mail through the Business Development Executive to the Managing Director, and they would credit it to my account. I informed the Business Development Executive immediately, but they told me to contact the Managing Director directly. I requested several times that they are my reporting authority, and it is not fair to disturb the Managing Director regarding this small issue. Unwillingly, I sent the mail to the Managing Director in detail, cc to the Business Development Executive. The very next morning, the Business Development Executive shouted at me for sending the mail in detail.
After that, I immediately contacted the Managing Director and asked me to reach the office as he would talk to everyone on a conference call. However, when I reached the office, the Business Development Executive told me not to continue my duty as per the order from the Head Office. Unfortunately, I tried but couldn't immediately contact the Managing Director. I left the office, and after some time, I could only contact the Managing Director, who said no instruction had been given by him and asked me to wait for further contact. The next day, I didn't receive any response from the Managing Director, and the day after that, I received a TERMINATION LETTER, citing negligence in the job and not following the immediate boss's instructions.
So, my friends, my question is whether the company could legally issue a TERMINATION LETTER before issuing an APPOINTMENT LETTER. As per my knowledge, a company can only terminate anybody at any stage or under any condition if the submitted documents by anybody are forged or in the case of absconding, otherwise, without issuing a show-cause or warning letter, the company cannot terminate anybody.
From India, Calcutta
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The most shocking part was when I asked the Business Development Executive on my joining day about our salary date, the person couldn't tell the date. They also mentioned that the date varies, and for that, I can't do anything; I should talk to the Managing Director directly. I started working but soon realized I had to quit the company as soon as possible and started to find a new job. After two to three days, I requested from the Business Development Executive for my tour advance, as it was a sales job. The person said, "I already sent the mail to the Head Office for your tour advance; you just need to send your Bank Account number."
I sent the mail to the accounts department as instructed, but two days later, the accounts department informed me that it requires permission from the Managing Director. They also told me to send a mail through the Business Development Executive to the Managing Director, and they would credit it to my account. I informed the Business Development Executive immediately, but they told me to contact the Managing Director directly. I requested several times that they are my reporting authority, and it is not fair to disturb the Managing Director regarding this small issue. Unwillingly, I sent the mail to the Managing Director in detail, cc to the Business Development Executive. The very next morning, the Business Development Executive shouted at me for sending the mail in detail.
After that, I immediately contacted the Managing Director and asked me to reach the office as he would talk to everyone on a conference call. However, when I reached the office, the Business Development Executive told me not to continue my duty as per the order from the Head Office. Unfortunately, I tried but couldn't immediately contact the Managing Director. I left the office, and after some time, I could only contact the Managing Director, who said no instruction had been given by him and asked me to wait for further contact. The next day, I didn't receive any response from the Managing Director, and the day after that, I received a TERMINATION LETTER, citing negligence in the job and not following the immediate boss's instructions.
So, my friends, my question is whether the company could legally issue a TERMINATION LETTER before issuing an APPOINTMENT LETTER. As per my knowledge, a company can only terminate anybody at any stage or under any condition if the submitted documents by anybody are forged or in the case of absconding, otherwise, without issuing a show-cause or warning letter, the company cannot terminate anybody.
From India, Calcutta
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Subrata, I think your company is not a corporate but a prop.ship company where the MD/Boss takes decision as per their whims & fancies. Better look elsewhere. All the best. Pon
From India, Lucknow
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From India, Lucknow
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Hello ssubrata.sarkar,
Don't you think that you could have saved yourself and the members a lot of trouble had you mentioned all these details yesterday itself? Coming to the factual situation, Pon is right. Just forget that you worked here for 15 days and look elsewhere. Looking at it in another way, maybe they did what you should have done—breaking the link? So maybe, in a way, you ought to thank them :-) And learn from this experience: "Look before you leap." Next time, better get to know more about the company before you commit yourself... leave alone even joining them.
All the best.
Regards,
TS
From India, Hyderabad
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Don't you think that you could have saved yourself and the members a lot of trouble had you mentioned all these details yesterday itself? Coming to the factual situation, Pon is right. Just forget that you worked here for 15 days and look elsewhere. Looking at it in another way, maybe they did what you should have done—breaking the link? So maybe, in a way, you ought to thank them :-) And learn from this experience: "Look before you leap." Next time, better get to know more about the company before you commit yourself... leave alone even joining them.
All the best.
Regards,
TS
From India, Hyderabad
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My friend,
Reading your predicament in such detail, I wholeheartedly second those who have replied prior to me! Get the hell out of there! That's it! Don't even think of an alternative. I agree with the others that God has made them do what you should have done in the first place. Forget about the technicalities of whether or not they can issue the letter or what the sequence of letters should be. Consider the Termination Letter as a direct gift from God. Take it with both hands and make sure you don't drop it. And, as far as your career is concerned, this episode never happened. I wish you all the luck in your future endeavors.
Kind regards,
From India, Gurgaon
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Reading your predicament in such detail, I wholeheartedly second those who have replied prior to me! Get the hell out of there! That's it! Don't even think of an alternative. I agree with the others that God has made them do what you should have done in the first place. Forget about the technicalities of whether or not they can issue the letter or what the sequence of letters should be. Consider the Termination Letter as a direct gift from God. Take it with both hands and make sure you don't drop it. And, as far as your career is concerned, this episode never happened. I wish you all the luck in your future endeavors.
Kind regards,
From India, Gurgaon
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Hello Subrata,
Hmm, so this is the whole story... and quite a strange one too. Anyways, as suggested by fellow members, thank God that you are saved or maybe thank the BDE for saving your life and career. :)
Forget about whether a termination letter can be given before an appointment letter or not; don't even bother to go back and ask for anything now. It's good that you got to know about the company in just 15 days, so it's relaxing.
All the best...
From India, Delhi
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Hmm, so this is the whole story... and quite a strange one too. Anyways, as suggested by fellow members, thank God that you are saved or maybe thank the BDE for saving your life and career. :)
Forget about whether a termination letter can be given before an appointment letter or not; don't even bother to go back and ask for anything now. It's good that you got to know about the company in just 15 days, so it's relaxing.
All the best...
From India, Delhi
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It is possible that the MD is being misled. You should try to talk once more to him to clarify what happened and explain that you have not neglected your job. It's a small world after all, and it makes little sense to let someone carry a negative image of you and convey it to others at a later date.
Of course, staying back in the job is not a good idea, especially when you have made an enemy of your immediate boss. You need to find another job immediately.
From India, Mumbai
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Of course, staying back in the job is not a good idea, especially when you have made an enemy of your immediate boss. You need to find another job immediately.
From India, Mumbai
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Dear Subrata,
It is rightly said by worthy members that you are saved by the grace of God. This type of boss may have ruined your career as a whole. It seems to me that the company is not at all a process-driven company, which is based on Com + Penny Model. I mean to say that the company is based on one dumb and deaf boss (who in this case is your MD), who wants to get more and more profit out of any employee, whoever gives it, no matter what he does; he is the favorite, same as your immediate boss.
Forget about it and move forward. Best of luck for your future. Take this as an opportunity to understand the lesson from it.
From India, New Delhi
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It is rightly said by worthy members that you are saved by the grace of God. This type of boss may have ruined your career as a whole. It seems to me that the company is not at all a process-driven company, which is based on Com + Penny Model. I mean to say that the company is based on one dumb and deaf boss (who in this case is your MD), who wants to get more and more profit out of any employee, whoever gives it, no matter what he does; he is the favorite, same as your immediate boss.
Forget about it and move forward. Best of luck for your future. Take this as an opportunity to understand the lesson from it.
From India, New Delhi
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Dear Ssubrata,
It is rightly said by worthy members that you are saved by the grace of God. This type of boss may have ruined your career as a whole. It seems to me that the company is not at all a process-driven company which is based on Com + penny Model. I mean to say that the company is based on one Dumb and Deaf Boss (who in this case is your MD), who wants to get more and more profit out of any employee, whoever gives it no matter what he does he is the favorite. Same goes for your immediate boss.
Forget about it and move forward. Best of luck for your future. Take this as an opportunity to understand the lesson from it.
From India, New Delhi
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It is rightly said by worthy members that you are saved by the grace of God. This type of boss may have ruined your career as a whole. It seems to me that the company is not at all a process-driven company which is based on Com + penny Model. I mean to say that the company is based on one Dumb and Deaf Boss (who in this case is your MD), who wants to get more and more profit out of any employee, whoever gives it no matter what he does he is the favorite. Same goes for your immediate boss.
Forget about it and move forward. Best of luck for your future. Take this as an opportunity to understand the lesson from it.
From India, New Delhi
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Thank you to everyone who has guided me well and provided suggestions. I appreciate your help. I would like to express my special thanks to Mr. Saswata Banerjee for his valuable suggestions.
I aim to teach a lesson to those in higher positions who misuse their power. In the techno-commercial job, the respected Business Development Executive (BDE) lacks basic knowledge. I am not displaying anger. For example, the distinction between 'TRANSFORMER' and 'TRANSMITTER' seems unclear to the respected BDE, yet he continues to assert his authority based on this limited knowledge.
From India, Calcutta
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I aim to teach a lesson to those in higher positions who misuse their power. In the techno-commercial job, the respected Business Development Executive (BDE) lacks basic knowledge. I am not displaying anger. For example, the distinction between 'TRANSFORMER' and 'TRANSMITTER' seems unclear to the respected BDE, yet he continues to assert his authority based on this limited knowledge.
From India, Calcutta
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Hello ssubrata.sarkar,
Though you can attempt to talk to your MD again, frankly, I don't think he will entertain you or what you want to say -- a waste of time with such guys, going by what you mentioned about his responses so far and the fact that he mailed you the Termination Letter without so much as a dialogue with you (some guys won't learn UNTIL THEY ARE AFFECTED DIRECTLY). But as saswatabanerjee mentioned, no harm in giving it a shot.
And coming to your friend for whom 'TRANSFORMER' and 'TRANSMITTER' are the same, all I would say is: shukar karo Uparwale se, ki woh aisi company mein raaj kar raha hai, jahan aapko na rahna pade.
All the Best.
Rgds,
TS
From India, Hyderabad
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Though you can attempt to talk to your MD again, frankly, I don't think he will entertain you or what you want to say -- a waste of time with such guys, going by what you mentioned about his responses so far and the fact that he mailed you the Termination Letter without so much as a dialogue with you (some guys won't learn UNTIL THEY ARE AFFECTED DIRECTLY). But as saswatabanerjee mentioned, no harm in giving it a shot.
And coming to your friend for whom 'TRANSFORMER' and 'TRANSMITTER' are the same, all I would say is: shukar karo Uparwale se, ki woh aisi company mein raaj kar raha hai, jahan aapko na rahna pade.
All the Best.
Rgds,
TS
From India, Hyderabad
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf
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