Hi HR,
I have been working with a reputed MNC for more than 6 years and was promoted to a lead level last year. My performance prior to the promotion had been extraordinary. In the new role as a process trainer, I got certified as a trainer from the client. I could not get certified on the first attempt as a trainer from the client, and on feedback shared by the client - "I was nervous in the presentation as I was sweating." However, other trainers got certified in the month of May, and I got certified in June. Meanwhile, others were given batches, whereas I was not assigned a batch. Finally, I was given one batch in the middle of July, which ended in mid-August. After that, I was assigned batches that were previously handled by another trainer, and I have been an active participant in the training team.
At the year-end, my PBC was closed without my consent as a 3 (bottom quartile). I was not happy with this, as I could see that my reporting manager was not supportive at all. Eventually, I escalated the issue to higher HR authorities. Following that, there was a discussion with me, and I was given reasons for receiving a PBC of 3 and was assured that there would be an investigation into the closure issue. Later, an email was sent stating that I had agreed to the PBC of 3. Subsequently, I was issued a PIP for PBC 3 in February, which, at the time of signing, was confirmed by my reporting manager to be for a duration of 60 days from the date of issue. The details were drafted in an email, not mentioning the closure date but including the first review date and then the second review date.
It has been more than 60 days since then. I completed another batch, and my reporting manager wanted to close the PIP. However, the given targets were not met. Now, my manager and the HR SPOC forwarded my PIP docs to the HR head, after which I was asked to resign by my reporting manager and HR SPOC. When I inquired about whether I would be given a notice period, the HR personnel said no and stated that a formal resignation had to be submitted within 24 hours, or else termination would occur.
I would like to know if, in this particular case, an employee can file a case in a labor court asking for compensation for termination. Additionally, I would like to know how an employee can also save his/her job.
Looking forward to your response.
From India, Faridabad
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I have been working with a reputed MNC for more than 6 years and was promoted to a lead level last year. My performance prior to the promotion had been extraordinary. In the new role as a process trainer, I got certified as a trainer from the client. I could not get certified on the first attempt as a trainer from the client, and on feedback shared by the client - "I was nervous in the presentation as I was sweating." However, other trainers got certified in the month of May, and I got certified in June. Meanwhile, others were given batches, whereas I was not assigned a batch. Finally, I was given one batch in the middle of July, which ended in mid-August. After that, I was assigned batches that were previously handled by another trainer, and I have been an active participant in the training team.
At the year-end, my PBC was closed without my consent as a 3 (bottom quartile). I was not happy with this, as I could see that my reporting manager was not supportive at all. Eventually, I escalated the issue to higher HR authorities. Following that, there was a discussion with me, and I was given reasons for receiving a PBC of 3 and was assured that there would be an investigation into the closure issue. Later, an email was sent stating that I had agreed to the PBC of 3. Subsequently, I was issued a PIP for PBC 3 in February, which, at the time of signing, was confirmed by my reporting manager to be for a duration of 60 days from the date of issue. The details were drafted in an email, not mentioning the closure date but including the first review date and then the second review date.
It has been more than 60 days since then. I completed another batch, and my reporting manager wanted to close the PIP. However, the given targets were not met. Now, my manager and the HR SPOC forwarded my PIP docs to the HR head, after which I was asked to resign by my reporting manager and HR SPOC. When I inquired about whether I would be given a notice period, the HR personnel said no and stated that a formal resignation had to be submitted within 24 hours, or else termination would occur.
I would like to know if, in this particular case, an employee can file a case in a labor court asking for compensation for termination. Additionally, I would like to know how an employee can also save his/her job.
Looking forward to your response.
From India, Faridabad
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Here is what I see from your standpoint.
1. A year ago (June 2010), you became a certified trainer.
2. Your manager was giving you troubled batches (abandoned by others) for training. You could have seen this in one of two ways: (a) Positive - Your manager saw you as someone who is a troubleshooter and could pull batches out of trouble; (b) Negative - Your manager did not have enough confidence that you could handle fresh batches. In either case, you should have moved into top performance (meet your manager's expectations as a troubleshooter, or build your manager's confidence).
3. Six months ago, you were rated in the bottom quartile. This means that you either could not meet your manager's expectations or could not build his/her confidence.
4. Two months later (in Feb), you were given a PIP (clear notice to improve your performance?) and you were in there for four months (until now).
Items 3 and 4 above should have triggered something in you to say - "this is not going to work with my manager. I cannot be successful here. So, let me look for other jobs." This did not happen even though you had 6 months (since your annual review until now). I do not understand your reasons for staying behind despite your indication that your manager was unsupportive, HR was not very helpful, and the management (or your manager) was preparing grounds for your termination.
Here is what I see from a management standpoint. Assuming I am your manager with good intentions, here is how I see you.
1. You got a promotion and were given additional responsibilities. You could not clear your trainer certification on the first go (got nervous, etc.).
2. I still thought you would be an asset. So, once you cleared your trainer certification, I gave you troubled batches where you could come out successfully and shine. However, your performance continued to suffer.
3. Due to a lack of performance, I rated you in the bottom quartile. I hoped you would improve after that and waited for 2 months. Unfortunately, you did not improve.
4. I gave you a PIP hoping that at least now you would improve. Although it was meant for 60 days, I waited for four months for you to show improvement. You still did not.
5. After a year of poor performance and my waiting for you to turn things around, it's decision time.
If I were your manager with bad intentions, this is what I see. It may very well be the case that your manager had bad intentions. But one cannot be 100% certain of what went on in your manager's mind.
1. You were promoted and failed your trainer certification. Once you passed, I gave you troubled batches knowing fully well you would fail, and as a result, your performance suffered.
2. I placed you in the bottom quartile. Your confidence was further hit, and you continued to slide.
3. I waited for two months and then gave you a PIP. Your confidence was further hit, and you slid further down.
4. After waiting for four months, I decided to ask you to quit or be terminated.
In any of these cases, I see that there has been enough time and a number of warnings for you to have seen this coming. Even if you are terminated now, I don't legally see it as wrongful termination. Immoral and personally unethical? Perhaps. But legally wrongful termination? I don't think so. You have been given enough warnings and time to either mend ways with your manager or find another job and move on.
If I were you, I would just quit and move on with my life because I believe I have better things to do than put my life on hold fighting a battle I will not win.
Best regards,
-Som G
From United States, Woodinville
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121. A year ago (June 2010), you became a certified trainer.
2. Your manager was giving you troubled batches (abandoned by others) for training. You could have seen this in one of two ways: (a) Positive - Your manager saw you as someone who is a troubleshooter and could pull batches out of trouble; (b) Negative - Your manager did not have enough confidence that you could handle fresh batches. In either case, you should have moved into top performance (meet your manager's expectations as a troubleshooter, or build your manager's confidence).
3. Six months ago, you were rated in the bottom quartile. This means that you either could not meet your manager's expectations or could not build his/her confidence.
4. Two months later (in Feb), you were given a PIP (clear notice to improve your performance?) and you were in there for four months (until now).
Items 3 and 4 above should have triggered something in you to say - "this is not going to work with my manager. I cannot be successful here. So, let me look for other jobs." This did not happen even though you had 6 months (since your annual review until now). I do not understand your reasons for staying behind despite your indication that your manager was unsupportive, HR was not very helpful, and the management (or your manager) was preparing grounds for your termination.
Here is what I see from a management standpoint. Assuming I am your manager with good intentions, here is how I see you.
1. You got a promotion and were given additional responsibilities. You could not clear your trainer certification on the first go (got nervous, etc.).
2. I still thought you would be an asset. So, once you cleared your trainer certification, I gave you troubled batches where you could come out successfully and shine. However, your performance continued to suffer.
3. Due to a lack of performance, I rated you in the bottom quartile. I hoped you would improve after that and waited for 2 months. Unfortunately, you did not improve.
4. I gave you a PIP hoping that at least now you would improve. Although it was meant for 60 days, I waited for four months for you to show improvement. You still did not.
5. After a year of poor performance and my waiting for you to turn things around, it's decision time.
If I were your manager with bad intentions, this is what I see. It may very well be the case that your manager had bad intentions. But one cannot be 100% certain of what went on in your manager's mind.
1. You were promoted and failed your trainer certification. Once you passed, I gave you troubled batches knowing fully well you would fail, and as a result, your performance suffered.
2. I placed you in the bottom quartile. Your confidence was further hit, and you continued to slide.
3. I waited for two months and then gave you a PIP. Your confidence was further hit, and you slid further down.
4. After waiting for four months, I decided to ask you to quit or be terminated.
In any of these cases, I see that there has been enough time and a number of warnings for you to have seen this coming. Even if you are terminated now, I don't legally see it as wrongful termination. Immoral and personally unethical? Perhaps. But legally wrongful termination? I don't think so. You have been given enough warnings and time to either mend ways with your manager or find another job and move on.
If I were you, I would just quit and move on with my life because I believe I have better things to do than put my life on hold fighting a battle I will not win.
Best regards,
-Som G
From United States, Woodinville
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