I don't understand how your company just fired WITHOUT anything being in writing.
Basic human psychology is that anyone would resist IF his/her job is at stake--didn't your company expect this employee to go legal? Frankly, that's surprising.
I guess the only choice you now have is to consult your company lawyer ASAP. He has proofs of working in your company, while you don't have any proofs of his low performance AND intimating him of it.
All the Best.
30th August 2012 From India, Hyderabad
Kindly note that we have suspended one employee on 24/2/13 for 7 days, but he didnot accepted he letter and went on leave. On 07/03/13 he had resumed to his duties and we had informed him that he had refused to accept the order on 23/2/13 and his suspension order had been send to his residence via courier on 07/03/13. The draft letter contain as follows:
Date : 07/03/13
Subject : Suspension Order
Reference to our earlier letter dated 23/02/2013, wherein you were issued a suspension order by us. You refused to accept the suspension order and left the office premises on the same day. You were absconding from your duty from 24/02/2013 and suddenly joined today. On enquiry you conveyed that you went on leave without any prior approval of your HOD.
Your such action is not at all accepted by the management and the management have decided to suspend you from your official duty till further notice.
Now the management want to terminate him immediately and agreed to pay 1 months salary to him.
What letter should i issue to him now for immediate termination.
Request for your kind advise please.
Thanks & regards
9th March 2013 From India, Kolkata